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Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court.
The suit seeks a court definition of the term to clarify whether Cruz -- who was born in Canada to an American mother -- can or can’t serve if elected.
“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”
originally posted by: TheBulk
I've noticed the media seems to be ok with these charges and I've yet to hear anyone call it racist. Who could ever guess why such a contradiction is so?
ORDERED that Newton B. Schwartz, Sr., is suspended on consent from the Bar of this Commonwealth for a period of three years retroactive to February 14, 2014, and he shall comply with all the provisions of Pa.R.D.E. 217.
originally posted by: Xeven
Well the founders certainly wanted to segregate by use of term "natural" so we do need to decide what they mean.
The original United States Naturalization Law of March 26,1790 provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were free white persons of good character. It thus excluded American Indians, indentured servants, slaves, free blacks, and Asians. It also provided for citizenship for the children of U.S. citizens born abroad, but specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States." It specifies that such children "shall be considered as natural born citizens," the only US statute ever to use the term.
originally posted by: yeahright
There is 'natural born citizen' and there's 'citizen at birth'.
All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.
The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British common law
3. See Smith v. Alabama, 124 U.S. 465, 478 (1888).
and enactments of the First Congress.
4. See Wisconsin v. Pelican Ins. Co., 127 U.S. 265, 297 (1888).
Both confirm that the original meaning of the phrase “natural born Citizen” includes persons born abroad who are citizens from birth based on the citizenship of a parent.
No doubt informed by this longstanding tradition, just three years after the drafting of the Constitution, the First Congress established that children born abroad to U.S. citizens were U.S. citizens at birth, and explicitly recognized that such children were “natural born Citizens.”
originally posted by: Krazysh0t
For the record, I don't even LIKE Ted Cruz and I know this whole thing is a waste of time.
originally posted by: butcherguy
a reply to: xuenchen
Jim Bohannon had a lady from West Chester University on his radio show last night and she explained the issue. She says that Cruz is NOT eligible to run for POTUS. He was born in Canada and that is not in dispute. He is a US citizen because his mother was a US citizen when he was born..... but he was born in a foreign country, so he is not a natural born citizen.
originally posted by: WeRpeons
Considering Cruz was always questioning Obama's birth status, I guess this is a perfect example of what comes around goes around.