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"Mary Brigid McManamon is a constitutional law professor at Widener University’s Delaware Law School.
Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.
The Constitution provides that “No person except a natural born Citizen . . . shall be eligible to the Office of President.” The concept of “natural born” comes from common law, and it is that law the Supreme Court has said we must turn to for the concept’s definition. On this subject, common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are “such as are born within the dominions of the crown of England,” while aliens are “such as are born out of it.” The key to this division is the assumption of allegiance to one’s country of birth. The Americans who drafted the Constitution adopted this principle for the United States. James Madison, known as the “father of the Constitution,” stated, “It is an established maxim that birth is a criterion of allegiance. . . . [And] place is the most certain criterion; it is what applies in the United States.”
....When discussing the meaning of a constitutional term, it is important to go beyond secondary sources and look to the law itself. And on this issue, the law is clear: The framers of the Constitution required the president of the United States to be born in the United States."
Ouch, huh?
Walt
Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.
The Constitution provides that “No person except a natural born Citizen . . . shall be eligible to the Office of President.” The concept of “natural born” comes from common law, and it is that law the Supreme Court has said we must turn to for the concept’s definition. On this subject, common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are “such as are born within the dominions of the crown of England,” while aliens are “such as are born out of it.” The key to this division is the assumption of allegiance to one’s country of birth. The Americans who drafted the Constitution adopted this principle for the United States. James Madison, known as the “father of the Constitution,” stated, “It is an established maxim that birth is a criterion of allegiance. . . . [And] place is the most certain criterion; it is what applies in the United States.”
....When discussing the meaning of a constitutional term, it is important to go beyond secondary sources and look to the law itself. And on this issue, the law is clear: The framers of the Constitution required the president of the United States to be born in the United States."
Ouch, huh?
Walt
Ted Cruz is not eligible to be president
Posted from washingtonpost.com
Posted 9 y ago
Responses: 2
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Good. Let's get this spread far and wide. One less loon in the Republican field.
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....When discussing the meaning of a constitutional term, it is important to go beyond secondary sources and look to the law itself. And on this issue, the law is clear: The framers of the Constitution required the president of the United States to be born in the United States."
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Capt Walter Miller
Oh, they will probably find a cut out for dear ol' Ted that will let him run. He discounted this very article on TV. Written by a liberal, don't you know!
We'll see.
Walt
We'll see.
Walt
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Capt Richard I P.
MAJ (Join to see) The article linked is worth a read, it delves into the common law definitions of natural born citizen (since there are no explicit definitions.)
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MAJ (Join to see)
It's long been established that if one of your parents are citizens you are a natural citizen regardless of the physical location of your birth. Can't imagine by your own definition all the military dependents that don't meet your definition. There have been several precedent cases where the President was a citizen albeit not born in the US.
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Capt Walter Miller
Yeah, well. This scholar lady's research says that the Framers intent was that the POTUS be born in the lower 48. Oh wait, or Hawaii. And maybe Alaska, if applicable.
Walt
Walt
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