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Washington Examiner's Byron York Declares Sen. Ted Cruz Eligible To Be President

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  • Washington Examiner's Byron York Declares Sen. Ted Cruz Eligible To Be President

    Fox That: Washington Examiner's Byron York Declares Sen. Ted Cruz Eligible To Be President

    Birther Report

    3/10/2013

    Excerpt:

    Washington Examiner's Byron York Declares Canadian-Born Sen. Ted Cruz Eligible To Be President

    Byron York pushing leftist views. FNC declares Cruz not eligible...

    EXCERPT VIA WASHINGTON EXAMINER:


    In the past few days, there has been renewed buzz on the Internet about the presidential eligibility of Texas Sen. Ted Cruz. Cruz has only been in the Senate for about 60 days and does not appear to be behind any of the talk. But he has certainly been in the news in recent days, and in response to a request for comment, his spokesman, Sean Rushton, sent me this note:

    Sen. Cruz is a U.S. citizen by birth, having been born in Calgary to an American-born mother. He is focused entirely on his new role in the Senate, and on working every day to represent Texas and defend conservative principles in the Senate.


    Any talk about Cruz follows years of discussion about birthplace and presidential eligibility involving President Obama, Sen. John McCain, and Sen. Marco Rubio. The bottom line in the case of Cruz, who was born in Canada in 1970, is that his father was an immigrant from Cuba and not a U.S. citizen at the time of young Cruz’s birth, but his mother was born and raised in the United States. The law in effect then, and now, made Ted Cruz a U.S. citizen at birth. Although the drafters of the Constitution did not define what they meant when they required an American president to be a “natural born citizen,” it is generally thought that “citizen by birth” is the best modern-day equivalent. On that basis, Cruz appears entirely eligible — if he ever chooses to pursue the White House.

    Last year, I wrote about citizenship law, focusing on the case of Rubio, who was born in the United States and about whom there is no question of presidential eligibility. Some of that article also applies to Cruz: [...]

    CONTINUED HERE: http://washingtonexaminer.com/article/2523832

    Mr. York the U.S. Constitution is not a dictionary. Irrefutable facts about "natural born Citizen" here and here.

    As SatinDoll points out at Free Republic: Three types of citizenship are recognized by our government: native born; naturalized; and citizen-by-statute (derived citizenship from parents). All have equal rights. All can serve in Congress, either as a Representative in the House, or as a Senator in the Senate. The following link will take you to the government’s own Immigration Service web page describing the three types of citizenship.

    http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

    Natural born Citizen is NOT a type of statutory citizenship.

    Natural born is ONLY an eligibility requirement for the U.S. Presidency per Article II, Section 1, clause 5, of the U.S. Constitution, and requires, as per the Founders, the President to be born in the United States (jus solis) AND of two citizen parents (jus sanguinas).

    The definition of natural born Citizen appears in the holding of SCOTUS’s unanimous decision of Minor v. Happersett (1874).

    Minor v. Happersett, 88 U.S. 162 (1875), is a United States Supreme Court case in which the Court held that the Constitution did not grant women the right to vote...

    The Minor v. Happersett ruling was based on an interpretation of the Privileges or Immunities Clause of the Fourteenth Amendment. The Supreme Court readily accepted that Minor was a citizen of the United States, but it held that the constitutionally protected privileges of citizenship did not include the right to vote.

    SCOTUS rejected Minor’s argument that she was a citizen under the 14th Amendment of the U.S.Constitution, and examined her eligibility, concluding that she belonged to the class of citizens who, being born in the U.S. of citizen parents, was a natural born Citizen, and not covered by the 14th Amendment. This holding has been used in 25 consequent SCOTUS decisions since 1875.

    No one has the RIGHT to be President.

    The eligibility requirement of Natural Born Citizenship (jus solis + jus sanguinas: born in the U.S. of U.S. citizen parents) must be viewed as a means to prevent split allegiance for any President of the United States. [ ]

    I encourage folks to browse through the Free Republic thread on this topic: http://www.freerepublic.com/focus/f-.../2995161/posts


    View the complete Birther Report presentation at:

    http://obamareleaseyourrecords.blogs...n-citizen.html
    B. Steadman

  • #2
    Free Republic is running a thread titled, 'Spokesman: ‘Senator Ted Cruz is a U.S. citizen by birth’, which was started 3/11/2013 by 'SeekAndFind'

    The thread references a 3/11/2013 Washington Examiner article posted by Byron York - http://washingtonexaminer.com/spokes...rticle/2523832

    View the complete Free Republic thread at:

    http://www.freerepublic.com/focus/f-news/2995704/posts


    The following is an excerpt from COMMENT #96 by 'SatinDoll' in the thread:

    In 1996, the US Supreme Court’s majority opinion by Justice Breyer in Ogilvie Et Al., Minors v. United States, 519 U.S. 79 (1996), stated that when the Court discusses a certain reason as an independent ground in support of their decision, then that reason is not simply dictum.

    “Although we gave other reasons for our holding in Schleier as well, we explicitly labeled this reason an ‘independent’ ground in support of our decision, id., at 334. We cannot accept petitioner’s claim that it was simply a dictum.”

    The Minor Court’s construction of Article 2, Section 1, Clause 5, of the United States Constitution was the independent ground by which the Court avoided construing the 14th Amendment’s citizenship clause.

    Therefore, such construction is precedent, not dicta, despite POTUS eligibility not being an issue. The Court determined it was necessary to define the class of natural-born citizens, and the definition is current legal precedent.
    ************************************************** **********************
    The above is from Leo Donofrio’s online site.
    http://naturalborncitizen.wordpress....t-revisited-2/



    The following is and excerpt from COMMENT #98 by 'Seizethecarp' in the thread:

    The US residency requirement for the one married US citizen parent that applied to Barry’s mom was five years which she failed, and Barry wouldn’t be a US citizen at birth...but only if she was legally married...which she was not due to bigamy, IMO.

    If Stanley Ann gave birth in Kenya and was NOT legally married Barry would have been a US citizen at birth because under international law recognized by the US the nationality of a single mother is passed as a unitary citizenship to the child, not the nationality of the sperm donor.

    However a recent 9th Circus decision (Marguet v. Pillado) in dicta declared any biological connection to a US citizen would make a foreign born child NBC. This decision was handed down in CA just before Judge Carter was about to rule on possible discovery of Barry’s HI BC and I believe that the language was inserted in the ruling explicitly to protect Barry if discovery had found he was Kenyan born.
    Last edited by bsteadman; 03-12-2013, 12:14 AM.
    B. Steadman

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