Tuesday, March 31, 2015


State Department Refutes Harvard Law Review 
Publication On Article II Presidential Eligibility


If you haven't noticed just about every article being published on Ted Cruz's Article II ineligibility cites the recent Harvard Law Review publication that declares foreign-born persons eligible to be president so long as they were born to one American parent. They write that there's no question about Cruz's eligibility to run for president.

The major problem with that assertion is the U.S. Department of State Foreign Affairs Manual refutes that position.

More on that below.

Business Insider reported yesterday:

  [...] Business Insider.

Business Insider notes at the end of the article that both Clement and Katyal refuse to comment on whether they are in communication with the Cruz Campaign or if they know Cruz's campaign is directing reporters to the article.

Obama ineligibility litigant David Farrar is all over it:

Every word in the Constitution Matters...Sen Ted Cruz 
Boy! if these two guys are Sen Cruz's top two lawyers, he's in more trouble than he thinks. 
So according to Sen Cruz's top two lawyers, since Sen Cruz acquired his US citizenship at birth via Title 8 U.S.C. Sec. 1401(g), according to Sen Cruz, himself, with no need to go through a naturalization proceeding at some later time; Sen Cruz is an Art. II, §I, Cl. 5 natural born Citizen. 
Their interpretation would have been closer to the truth in 1790 of those foreign-born of US citizen parent(s), but even then, there would have been a considerable discussion as to what exactly is something "considered as" natural law, but not, in fact, natural law mean? Fortunately, we don't have to confront this question because the 3rd Congress addressed it for us. With the help of then-Rep. James Madison and with the approval of President George Washington, the phrase in question was quietly changed in 1795 to "being considered as Citizen of the United States," where it has remained ever since. In other words, as Justice Gray would observe 97 years later, in the Wong Kim Ark decision, in obiter dicta, to be fair: "A person born out of the jurisdiction of the United States can only become a citizen by being naturalized...by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of (US) citizens"... 
In other words, as I am sure Sen Cruz knows, or should have known, although as to these two bumkins whom he graciously calls his top two lawyers, perhaps don't know, and never had a clue, Sen Cruz was naturalized at birth, via the naturalization statute: with no need to attend any further naturalization procedures at some later time. Sen Cruz is a statutory, naturalized Citizen of the United States at birth. He is not, and cannot be, an Art. II, §I, Cl. 5 natural born Citizen, which acquires US citizenship by nature, as a natural political right and not by statute.

David Farrar went on to say:

I am sorry to have to say this to my fellow Tea Party friends and neighbors, whose hopes and dreams for a better future were raised recently with the presidential announcement by and for Sen Ted Cruz, but this guy is playing us all for suckers. When you stop and consider Cruz's excellent legal background, for this shyster to now suggest that just because he was fully naturalized at birth by statute, with no need to attend any further naturalization procedures at some later time,* as a person foreign-born of US citizen-parent(s), that somehow makes him an Art. II, §I, Cl. 5 natural born Citizen should shock the conscience of every honest, red-blooded American. Please save your money.This guy is going to get run out of town by his own petard long before the primary election. 
* Source: THE HARVARD LAW REVIEW 3-11-2015 commentary by Neal Katyal & Paul Clement 
Wong Kim Ark, 169 U.S. 649 (1898) 
149 U.S. 716. 
"A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of (US) citizens"... 
I am telling you...Sen Cruz, as he well knows, is a NATURALIZED Citizen of the United States. Don't take my word for it; look it up for yourselves!

Hats off to David Farrar for telling it like it is... Next we need to find out if Cruz is even a naturalized U.S. citizen.

Now onto the State Department manual that blows the Harvard Law Review article to pieces.

(pdf)

- Full PDF - Hat tip Give Us Liberty 1776 -