Saturday, January 24, 2015

- image credit: wikia -
Donald Trump Goes Birther On Ted Cruz; He 
Will Have To Address His Article II Ineligibility

Donald Trump told a room full of reporters in Iowa that U.S. Senator Ted Cruz must clear up his Article II constitutional ineligibility before he goes too far. For those that don't know Senator Cruz was born in Canada.

Excerpts via Dallas Morning News:

Donald Trump says Ted Cruz’s Canadian birth “could be a difficult problem” for 2016 bid 
WEST DES MOINES, Iowa – Billionaire Donald Trump, the most prominent “birther” to question Barack Obama’s eligibility to serve as president, asserted Friday that Sen. Ted Cruz must clear up legal doubts about his own eligibility due to his birth outside the United States. 
“It’s a problem. It could be a difficult problem, but he admits that he was born in Canada,” Trump told reporters in Iowa on the eve of the first major gathering of 2016 presidential hopefuls. 
“He’s a friend of mine. I have great respect for him. But …certainly it’s a stumbling block and he’s going to have to have it solved before he goes too far,” Trump said. 
“He’s going to have to solve that problem. It could end up in litigation. It could take a long period of time.… It’s certainly a stumbling block that he has that other people don’t have,” Trump said, suggesting that Cruz might only be able to put any doubts to rest by going to court. 
“Perhaps he’s going to have to go in for declaratory judgments. Perhaps he’s going to get rulings from some group of electioneers. He’s going to have to do something. Because it is a problem that a lot of people have been mentioning,” Trump said. “He’s going to have to get it resolved one way or the other. And I hope he gets it resolved in a positive way because I think he’ll add a lot.” 
Canadian law, like that of the United States, confers citizenship automatically for nearly everyone born on the country’s soil, whether that person wants it or not. 
Under U.S. law, a baby born overseas is entitled to American citizenship if at least one parent is an American. 
The U.S. Constitution requires a president to be a “natural born” citizen. The popular understanding has long been that this means being born on American soil. But Cruz was entitled to American citizenship at birth. 
Because of that, a strong legal consensus has emerged that Cruz is, in fact, eligible, and the senator has insisted as much. [...] Continued @ Dallas Morning News. Hat tip BSE. 

The popular understanding?

Since when do we base U.S. law and constitutional requirements on so-called pundits popular understanding?

Oh, that's right! >>> 2008

Some fun facts ...

"natural born Citizen" is only mentioned one place in the U.S. Constitution and that's for presidential eligibility:

Article II, Section 1, Clause 5 of the U.S. Constitution;

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Unless Obama, Cruz, Rubio or Jindal has been here since the signing of the U.S.C., they're S.O.L.!

Constitutionally speaking.

And just so we're clear. Here's the requirements for a U.S. Congressperson:

Article I, Section 3 of the U.S. Constitution;

No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Here's the requirements for a U.S. Senator:

Article I, Section 3, Clause 3 of the U.S. Constitution;

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Even the 14th amendment, which has no bearing on Article II, does not include "natural born Citizen" in it anywhere.

14th Amendment of the U.S. Constitution;

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. [...]

Obviously, there's a huge difference between natural born CitizenCitizen and naturalized.

Members of both major parties attempted many times to amend or redefine Article II without success.

Now they're going for the double whammy. As I stated this past week; Two wrongs don't make a right.

Susanne Hamner @ Freedom Outpost takes on the elephant in the room:

Will the Natural Born Citizen Requirements for President Haunt GOP Candidates in 2016? 
Most everyone is familiar with the saying, "two wrongs don't make a right." What this commonly refers to is that violating a law, ethic or moral, is justified as long as someone else does. For example, an employee embezzles from his employer because his employer is cheating on his taxes. Both are clearly wrong and in violation of the law; but one precedent of wrong-doing by one does not make it acceptable to engage in additional wrong-doing or the same wrong-doing by another. It becomes a fallacy that the actions cancel each other out. 
For the past six years, Barack Obama's eligibility to hold the office of the president has been questioned on the "natural born citizen" requirement. And, many debate what constitutes a "natural born citizen." While some may disagree, "natural born citizen" refers to a person, regardless of birth location, born to citizen parents in some sources; whereas, other sources follow natural law meaning the individual, regardless of birth location, follows the citizenship of the father to be classified as "natural born." Either way, this brings into question the eligibility of Obama to even seek the office much less occupy the office of the presidency. It is known that Obama's alleged mother, Stanley Ann Dunham, was a US citizen; but, Obama's Kenyan father, as listed on his "legal" birth certificate, has never been proven to be a US citizen through naturalization. 
So, the Democrats put forth upon the American people a candidate whose eligibility was questionable under the "natural born citizen" requirement. Using the saying, "two wrongs don't make a right," some Republicans are considering a 2016 presidential bid who do not meet the eligibility requirements to hold the office of the president according to the US Constitution. 
It's been rumored that Marco Rubio and Bobby Jindal considered throwing their hats into the bid for the Republican presidential nomination. However, neither are considered "natural born citizens" as their parents were not "naturalized" before either was born. Their fathers were citizens of other countries – Jindal, India and Rubio, Cuba – at the time of birth. While these two are not considered favorites or outstanding among more prominent or establishment Republican candidates, one Republican has the merits to challenge the more prominent establishment Republicans – Ted Cruz. 
At the South Carolina Tea Party Coalition Convention, Cruz told "Breitbart News that he's 'very, very seriously' considering launching a presidential candidacy for 2016." According to Cruz, Democrats are likely to win in 2016 just as they did in the last two presidential elections unless a bold conservative wins the GOP nomination. While Cruz has garnered widespread support for his stance again certain unconstitutional issues, the real question centers around his eligibility. Is Ted Cruz a natural born citizen? 
The answer is he is not. Rafael Cruz, Ted's father, did not become a naturalized American citizen until 2005. Ted Cruz was born in 1970 before his father became naturalized. Even though Cruz's mother was a US citizen at the time of his birth, his father was not meaning Cruz does not meet the definition of "natural born citizen." 
While many conservatives and Republicans support Cruz, are conservatives and Republicans willing to back a candidate with a "questionable" eligibility, just as the Democrats and liberals did with Obama? Is Cruz, himself, willing to put himself in the position of violating the "natural born citizen" requirement to seek the office of president? His serious consideration on launching a presidential run would suggest that he is. 
America has been witness to the problems with a president who has questionable eligibility. Obama has certainly not demonstrated an allegiance to America – both where his citizenship and ideology are concerned. Are we to say that a questionable citizenship is palatable as long as the ideology is the same as ours? A citizen of the United States is not the same as a "natural-born citizen" and both are different from a naturalized citizen. 
To support the requirement of President be extended to include "citizens" would be to promote "anchor" babies to occupy the highest office in our nation, regardless of the citizenship condition of the parents at the time of the child's birth. Even if that "anchor" baby's ideology is the same as a sect of the US population, do Americans really want to continue eating that can of worms the Democrats and liberals opened with Obama? 
Have we all not already been witness to individuals in government who "slide" on the Supreme Law of the Land from both sides of the aisle? Do we not rale against those who violate our Constitution regardless of party or ideology? 
Ted Cruz has been a Senator who prides himself on knowing the Constitution and the Federalist Papers. His father, in his speeches, talked about how he taught his children the Constitution. But, it appears Cruz is willing to "pick and choose" the parts of the Constitution to stand behind instead of supporting it as a whole. The reason being a bid for the presidency as a "bold conservative." 
Are conservative and Republican Americans willing to wear the label "hypocrite" that they so generously apply to liberals in order to "put their man in?" Are conservative and Republican Americans willing to commit the same wrong as the Democrats and liberals in order to "counteract" a previous wrong? It appears that Cruz is receiving plenty of encouragement and support to make a run for the White House. As it stands, many conservatives and Republicans have no problem engaging in the same activities as liberals and Democrats. [...] Continued @ Freedom Outpost. Hat tip Falcon.

It must be repeated; The United States Constitution is not a dictionary and was not meant to be one.

Article II was never repealed nor was it ever amended. At least legally or constitutionally speaking.

Even Red State's anti-birther Erick Erickson raises issue with Cruz's eligibility to be POTUS.

As did anti-birthers Geraldo Rivera and Ann Coulter. Coulter even said the issue needs to be dealt with;


I concur. Start at the top!

The powers that be both in government and media let this constitutional crisis smolder for far too long ...