Tweet
Barrage: Law Schools Confirm Foreign-Born Persons Not Eligible; Democratic MI Governor Goes Birther
Birther Report
2/11/2016
Excerpt:
Hillary Clinton surrogate and former Democratic Michigan Governor Jennifer Granholm went birther on Canadian-Born Cruz. Granholm told CNN Canadian-born Cruz should get a declaratory judgment on his "natural born Citizen" status.
Daily Caller reports:
VIDEO ... :
( Daily Caller )
REALITY CHECK:
University of Chicago Law Professor: Ted Cruz is not Eligible to be POTUS
Excerpt via Slate:
Catholic University Law Review: The Natural Born Citizen Clause as Originally Understood
View the complete Birther Report presentation, including comments, at:
http://www.birtherreport.com/2016/02...m-foreign.html
Birther Report
2/11/2016
Excerpt:
Hillary Clinton surrogate and former Democratic Michigan Governor Jennifer Granholm went birther on Canadian-Born Cruz. Granholm told CNN Canadian-born Cruz should get a declaratory judgment on his "natural born Citizen" status.
Daily Caller reports:
VIDEO ... :
( Daily Caller )
REALITY CHECK:
University of Chicago Law Professor: Ted Cruz is not Eligible to be POTUS
Excerpt via Slate:
[...]
The words natural born citizen, and their original meaning at the time that this constitutional clause was crafted, go a long way to answering this question. In founding-era America, like today, a person could be a citizen by virtue of birth on American territory; a citizen by virtue of a statute that granted citizenship to him at birth; a “naturalized” citizen, meaning one who entered the country as an alien but later obtained citizenship via a process determined by law; and a foreigner.
A natural born citizen cannot be a foreigner. Foreigners are not citizens. A natural born citizen cannot be a person who was naturalized. Those people are not born citizens; they’re born aliens. Most important for the purposes of the Cruz question, a natural born citizen cannot be someone whose birth entitled him to citizenship because of a statute—in this case a statute that confers citizenship on a person born abroad to an American parent. In the 18th century, as now, the word natural meant “in the regular course of things.” Then, as now, almost all Americans obtained citizenship by birth in this country, not by birth to Americans abroad. The natural way to obtain citizenship, then, was (and is) by being born in this country. Because Cruz was not “natural born”—not born in the United States—he is ineligible for the presidency, under the most plausible interpretation of the Constitution. [...] Slate. - http://www.slate.com/articles/news_a...president.html
The words natural born citizen, and their original meaning at the time that this constitutional clause was crafted, go a long way to answering this question. In founding-era America, like today, a person could be a citizen by virtue of birth on American territory; a citizen by virtue of a statute that granted citizenship to him at birth; a “naturalized” citizen, meaning one who entered the country as an alien but later obtained citizenship via a process determined by law; and a foreigner.
A natural born citizen cannot be a foreigner. Foreigners are not citizens. A natural born citizen cannot be a person who was naturalized. Those people are not born citizens; they’re born aliens. Most important for the purposes of the Cruz question, a natural born citizen cannot be someone whose birth entitled him to citizenship because of a statute—in this case a statute that confers citizenship on a person born abroad to an American parent. In the 18th century, as now, the word natural meant “in the regular course of things.” Then, as now, almost all Americans obtained citizenship by birth in this country, not by birth to Americans abroad. The natural way to obtain citizenship, then, was (and is) by being born in this country. Because Cruz was not “natural born”—not born in the United States—he is ineligible for the presidency, under the most plausible interpretation of the Constitution. [...] Slate. - http://www.slate.com/articles/news_a...president.html
Catholic University Law Review: The Natural Born Citizen Clause as Originally Understood
[...]
Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase is derived from English common law, and the Supreme Court requires examination of that law to ascertain the phrase’s definition. This piece presents the pertinent English sources, combined with statements by early American jurists. Based on a reading of these materials, the article concludes that, in the eyes of the Framers, a presidential candidate must be born within the United States. The article is important because there has been a candidate who “pushed the envelope” on this question in many elections over the last 50 years, and no article in the last century has correctly explained the common law definition. This article is timely because there is again such a candidate for president as Sen. Ted Cruz was born in Canada. [...] Social Science Research Network. - http://papers.ssrn.com/sol3/papers.c...act_id=2444766
Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase is derived from English common law, and the Supreme Court requires examination of that law to ascertain the phrase’s definition. This piece presents the pertinent English sources, combined with statements by early American jurists. Based on a reading of these materials, the article concludes that, in the eyes of the Framers, a presidential candidate must be born within the United States. The article is important because there has been a candidate who “pushed the envelope” on this question in many elections over the last 50 years, and no article in the last century has correctly explained the common law definition. This article is timely because there is again such a candidate for president as Sen. Ted Cruz was born in Canada. [...] Social Science Research Network. - http://papers.ssrn.com/sol3/papers.c...act_id=2444766
View the complete Birther Report presentation, including comments, at:
http://www.birtherreport.com/2016/02...m-foreign.html
Comment