Thursday, December 24, 2015

Times Union: Article II Eligibility Question Unresolved; 
Ted Cruz Wife Says Donald Trump Will Play Birther Card

Shhh Don't tell anyone but former White House legal counsel John Yoo just may be a Birther...

Excerpt via Times Union:

This month, GOP political consultant-turned-analyst Tony Quinn wrote a piece for the website "Fox and Hounds Daily" headlined, "Ted Cruz Cannot Be President: Take Him Off the Ballot." Quinn acknowledged the conventional view that Cruz is "natural-born," but argues that the framers added "native-born" to the citizen requirement to prevent the election of a candidate with foreign entanglements. 
Quinn laid out four reasons he thinks Cruz does not make the cut. 
One: His father was born in Cuba; Cruz himself was born in Canada. 
Two: Every past presidential nominee was born within the United States or a possession. Calgary never was a U.S. possession. 
Three: While his father was serving in the Navy, John McCain was born in the Panama Canal Zone, a U.S. possession. Even still, in 2008 the Senate unanimously passed a resolution conferring "natural-born" citizenship on McCain, just to settle the issue. The Senate has done no such thing for Cruz. 
Four: Cruz was a "natural-born citizen" of Canada. 
I sent Quinn's piece to John Yoo, the former George W. Bush White House counsel who teaches law at UC Berkeley. "This case is much stronger than people give it credit," Yoo wrote. "The Constitution requires the president to be a 'natural-born citizen.' But no one is sure what it means. It's never been the subject of a definitive judicial ruling." Yoo thinks the term applies to citizens "born in the territory of the United States." That's a credible position that takes into account the Constitution's likely original intent. 
Do I believe the men who drafted the Constitution wanted to keep foreigners out of the Oval Office? Of course I do. Does Ted Cruz care about the framers' original intent? Usually he does. I asked Team Cruz to respond specifically to the argument that "natural-born" means born in the USA or a U.S. territory. No reply. 
This truly is an issue that voters will have to sort out. Heidi Cruz, the candidate's wife, told a group in Missouri she expects Trump to play the birther card. She may be right. But will it stick to a candidate born in Canada?    [...] Times Union.