If
Obama's not eligible for
POTUS status (even while allegedly born in
Hawaii), then
Cruz must step down.
It's as simple as that.
The ABA Journal provides the following as a basis of discussion.
http://www.abajournal.com/news/article/does_ted_cruzs_canadian_birth_bar_him_from_presidency/?utm_source=maestro&utm;_medium=email&utm;_campaign=weekly_email
Ted Cruz was born in
Canada to an
American mother.
Does the
Constitution bar him from the presidency?
Donald Trump has raised the issue in their campaign for the
GOP presidential nomination. According to
Trump, questions about Cruz’s eligibility for office could become a “big problem” for Cruz. But many legal scholars disagree, report
ABC News and the
Associated Press.
The Constitution requires the president to be a “natural born citizen.” Because Cruz was born to a
U.S. citizen mother in Canada, he was both a U.S. citizen and a
Canadian citizen. Cruz renounced his
Canadian citizenship in 2014.
The U.S. Supreme Court has never ruled on the meaning of the phrase. But
Harvard law professor
Laurence Tribe is among many scholars who say the better view is that a “natural born citizen” is anyone who was a U.S. citizen at birth and doesn’t need to be naturalized.
Former solicitors general
Neal Katyal and
Paul Clement agreed with
Tribe’s view in a
March 2015 article for
Harvard Law Review Forum.
Katyal and
Clement argue that
British common law and enactments of the
First Congress support the view that a natural born citizen is anyone who was a citizen at birth, no matter where the person was born.
British common law viewed children born outside the
British Empire to its subjects as “natural born” subjects of the empire. And the First Congress passed a law providing that children born to
U.S. citizens outside the
United States should be considered “natural born citizens,” unless their fathers “have never been resident in the United States.”
Katyal and Clement say Cruz would have qualified as a natural born citizen under
Congress’ early definition because his father, a Cuban, had been a resident of the United States. Cruz’s father became a U.S. citizen in
2005.
Catholic University law professor
Sarah Helene Duggin told
ABC she believes there is a scholarly consensus that Cruz would qualify as a natural born citizen, “but it’s not a done deal.”
Experts aren’t unanimous on the issue, Duggin said. “I don’t think it’s open and shut at all.”
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- published: 07 Jan 2016
- views: 2254