"Real liberty is neither found in despotism or the extremes of democracy, but in moderate governments.
Alexander Hamilton

Thursday, January 7, 2016

"Why Ted Cruz ‘birthers’ are not the same as Obama birthers": Legal Question vs. Conspiracy Theory

I had not realized that Ted Cruz wasn't born in the USA until just the past few days when Donald Trump mentioned it in the media. ( This article in the Washington Post does a good and balanced job explaining the differences between the Cruz birther issue and Obama's.)
Senator Cruz was born in Canada to a mother who is an American citizen and a father who is Cuban and became a US Citizen in 2005. Cruz held dual citizenship until he renounced his Canadian citizenship in 2014.  Most legal scholars seem to think that as far as Ted Cruz is concerned, the legality of his eligibility to be  President is a moot point, but agree that it has never been tested. As for President Obama who was born in Hawaii to an American mother and Kenyan father, the issue was one of a supposed massive conspiracy and cover up. I sense a bit of passive-aggressive from Mr, Trump, sort of a veiled threat that if Cruz were to be elected, it may be held up in court for years. Whether that is true or not or whether he will lead the charge so to speak is not clear. Time will tell.

1 comment:

Joseph Cormier said...


"Article 2 of the Constitution requires a president to be a “natural born citizen,” a concept the Supreme Court has never addressed in the context of a presidential candidate. Cruz asserts that being American from the moment of birth qualifies, a point on which most legal scholars agree, though not all."

Natural born ... as opposed to what ...unnatural born?
Is this an issue of bestiality? Open it up to all politicians, then!

A difference in the birth certificate "proofs" that I may have missed in the articles, is the unfounded rumors of "forgery or fraud," regarding country of origin. What else would you expect ... another town petition!

Personally, I could care less where the POTUS is born. Hell, I'd vote for Putin if he'd fixed the country's problems. Ya-ya, I know ... radical ... oooppss ... PC police say I can't say that. I'm glad blogger does :)

http://trailblazersblog.dallasnews.com/2016/01/cruz-insists-the-law-is-settled-as-trump-keeps-up-birther-pressure.html/


"(a) R.S. § 2172, granting inherited citizenship to children born abroad of parents who "now are, or have been," citizens, applies only to children whose parents were citizens on or before April 14, 1802, when its predecessor became effective. When petitioner was born in 1906, R.S. § 1993 provided the sole source of inherited citizenship for foreign-born children, and it applied only to children whose fathers were citizens. Pp. 366 U. S. 309-312."

"children of persons who now are, or have been citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof. . . ."


MONTANA v. KENNEDY, (1961)
No. 198
Argued: March 22, 1961 Decided: May 22, 1961

http://caselaw.findlaw.com/us-supreme-court/366/308.html#sthash.vLjRDBha.dpuf
http://caselaw.findlaw.com/us-supreme-court/366/308.html