Tag Archives: natural born citizen

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Let’s ask High Court to settle Cruz eligibility

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The U.S. Supreme Court is in session.

Sure, the justices have plenty on their individual and collective plates. How about giving them one more issue to decide?

Let’s petition the court to decide whether U.S. Sen. Ted Cruz is constitutionally eligible to run for president of the United States.

An essay in Salon suggests that upon closer examination, Cruz’s “natural born” credentials are showing signs of weakness. I’m not sure I buy that notion. I believe he’s eligible to run, despite being born in Canada; hisĀ father is Cuban, but his mother is American. U.S. law granted young Teddy citizenship the moment he came into this world.

But the question is swirling nonetheless over whether Cruz qualifies as a “natural born” U.S. citizen.

What harm can be done by asking the court to take up the issue? It comprises a conservative majority. Oh, wait. The court is non-political, yes?

What might happen if the highest court in America decides against hearing the case? That could be construed as a tacit endorsement of the notion that the Texas Republican senator is, indeed, eligible to seek the presidency.

I don’t believe the issue is a terribly complicated one to settle once and for all.

The federal law that grants citizenship to anyone born to an American citizen — regardless of where the birth occurs — either is constitutional or it isn’t.

I believe Ted Cruz is qualified to seek the presidency.

Furthermore, I also believe it’s time for the nine men and women who sit on the U.S. Supreme Court to decide this issue — for keeps!

Just one more point . . .

Cruz criticized the court this past year for its narrow ruling allowing gay marriage, saying that “five unelected judges” shouldn’t be deciding what’s legal and what isn’t.

Would the senatorĀ say the same thing if, say, five unelected judges rule in his favor on the “natural born” citizenship question?

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Finally! A clarification of 'natural-born citizen'

Where were these fellows, say, in 2007, 2008 and for most of Barack Obama’s first term a president of the United States?

Two former solicitors general of the United States have settled — in my mind, at least — the issue that polluted the political atmosphere until the time Obama was re-elected in November 2012. They’ve defined the term “natural born citizen” as stated in the U.S. Constitution.

http://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/

Neal Katyal and Paul Clement, writing for the Harvard Law Review, say with virtually zero reservation that “naturalĀ  born citizen” applies to anyone who becomes an American immediately uponĀ  birth, irrespective of where that birth occurred. At issue is whether that circumstances affects the qualifications of anyone seeking to run for president. Is that constitutionally qualified yes? Katyal and Clement say “yes.”

The issue has been discussed at times. Barry Goldwater was born in Arizona before Arizona became a state. John McCain was born in the Panama Canal Zone when it was a U.S. territory. George Romney was born in Mexico. Ted Cruz was born in Canada. Three of those men already have run for president; Cruz is expected to run for the 2016 Republican nomination.

AllĀ four men were U.S. citizens upon birth. Goldwater’s parents were citizens, as were McCain’s and Romney’s. Cruz’s mother is an American. Therefore, that qualifies them to hold the highest office in the land.

Oh, and what about Barack Obama?

Remember all that baloney about whether he was constitutionally qualified, that he was born in Kenya and that, according to the yahoos who sought to make a big deal out of his birthplace? Katyal and Clement say none of that mattered one little bit.

Obama’s mother was an American, which meant he was bestowed full U.S. citizenship the moment he was born to her andĀ his Kenyan father — in Honolulu, Hawaii, the 50th state to join the Union.

A cousin of mine sent me the attached link to let me know that Ted Cruz also is qualified to run for president. My cousin is likely to support Cruz’s president.

But in truth, I’ve long believed that Cruz was qualified under Article II of the Constitution to hold the office, just as I was certain that Goldwater, McCain Romney and Obama could serve in that office.

I just wish the Harvard Law Review article could have settled this issue long before now.

Better late than never, right?