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Birther-ism Comes Home To Roost: Ted Cruz is NOT Eligible To Be President - One Down, Eight More to Go

The Tea Party's Ted Cruz is getting stung by an issue invented by the Tea Party itself for use as a jingoistic and racist attack on Barack Obama: Birther-ism.  Ted Cruz is against "affirmative action" so he can't expect any "special treatment" that will allow him to become president of the United States. It should be noted that Donald Trump has recently refused to provide his own birth certificate and passport records for public scrutiny.

Tea Party bumper sticker with an anti-Obama 'Birther' Message (Photo by  brownpau).  'Birthers' at a pro-gun rally (bottom, right) tell President Obama to go back to Africa. (Photo by Fibonacci Blue)


Ted Cruz is Not Eligible to be President

By Mary Brigid McManamon
Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.
RELATED STORY: Ted Cruz Produces Mother’s Birth Certificate after Both Parents Found on Canadian Voter List
The Constitution provides that “No person except a natural born Citizen . . . shall be eligible to the Office of President.” The concept of “natural born” comes from common law, and it is that law the Supreme Court has said we must turn to for the concept’s definition. On this subject, common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are “such as are born within the dominions of the crown of England,” while aliens are “such as are born out of it.” The key to this division is the assumption of allegiance to one’s country of birth. The Americans who drafted the Constitution adopted this principle for the United States. James Madison, known as the “father of the Constitution,” stated, “It is an established maxim that birth is a criterion of allegiance. . . . [And] place is the most certain criterion; it is what applies in the United States.”
RELATED STORY: Donald Trump Refuses to Release Birth Certificate and Passport Records
Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator’s parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.


"I believe in karma. As a reward for Cruz’s self-serving and cynical defense of the worst of Donald Trump, the billionaire bully has launched a birther movement to attack the Canadian-born Cruz as he rises at the polls."


Article I of the Constitution grants Congress the power to naturalize an alien — that is, Congress may remove an alien’s legal disabilities, such as not being allowed to vote. But Article II of the Constitution expressly adopts the legal status of the natural-born citizen and requires that a president possess that status. However we feel about allowing naturalized immigrants to reach for the stars, the Constitution must be amended before one of them can attain the office of president. Congress simply does not have the power to convert someone born outside the United States into a natural-born citizen. Let me be clear: I am not a so-called birther. I am a legal historian.

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