• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Cruz is not elegilble for president

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah

The "Canadian Voters' Registry" has been thoroughly explained in most media as roughly equal to a quick and dirty census of who lived at each home, with no attempt to determine citizenship or other eligibility to actually vote. They were compiled with door-to-door visits, asking anyone who answered the door, the names of who lived at the home. This is meaningless for determining whether Cruz's mother retained her US citizenship or not. Even providing this link shows someone who is looking for excuses and has made his mind up, rather than someone looking for relevant data.


This entire article begs the question. If Cruz is a natural born citizen, he has no "naturalization papers" to show, and wouldn't need to show them to hold or retain a Senate seat.

As for when he officially renounced his Canadian citizenship, that is entirely irrelevant to whether he is a natural born US citizen. Had he renounced at 17 or 25, rather than 44, nothing relative to his natural born status would change. It is entirely possible for a child to enjoy dual, natural born status, depending on the laws of both nations. Indeed, it may be possible that Cruz would have been considered a citizen from birth by three nations: Cuba as a result of his father's citizenship, USA as a result of his mother's citizenship, and Canada as a result of being born there. See "jus sanguinis" vs "jus soli".


Another article that begs a lot of questions, and gets facts wrong. The article claims that those born abroad to US parents get an "abbreviated form or naturalization" and are therefore not natural born citizens.

The article also asserts that Cruz can't be natural born because Canada gave him citizenship at a time when they banned dual citizenship. This amounts to saying that because Canada (like the US and other nations) was sloppy about making sure they didn't grant citizenship in violation of their own rules against dual citizenship, the grantee forfeited his natural born status to US citizenship. Or, put another way, some birthers have tried to use "dual citizenship" against Obama. These claims have been roundly refuted.

What we have here, beebobby, are three cases of extreme confirmation bias on your part. Very weak intellectually.

I want to see his FS-240. The original, not a copy.

Is this because you care so much about adhering to the constitutional requirement that you demanded the same of Obama's birth certificate?

Or is it because you want tit for tat against the birthers?

Or are you simply showing some rather severe hypocrisy?


If you want to advocate that all candidates for US President demonstrate their eligibility, that is a fine standard. But current "innocent until proven guilty" might suggest that it would be incumbent on detractors to demonstrate ineligibility rather than having candidates try to prove eligibility.

Under the laws in place at the time, Cruz inherited US natural born citizenship status from his mother, regardless of where he was born unless his mother had renounced her US citizenship prior to his birth. Renouncing US citizenship generally requires a very affirmative and intentional act. Merely applying for citizenship of another nation is not sufficient; not even if that nation requires one to renounce all other obligations. To wit, the US State Department provides the following:


THE IMMIGRATION & NATIONALITY ACT

Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1481(a)(5)) is the section of law governing the right of a United States citizen to renounce his or her U.S. citizenship. That section of law provides for the loss of nationality by voluntarily


"(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state , in such form as may be prescribed by the Secretary of State".


B. ELEMENTS OF RENUNCIATION

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:
1.appear in person before a U.S. consular or diplomatic officer,
2.in a foreign country (normally at a U.S. Embassy or Consulate); and
3.sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of Section 349(a)(5), U.S. citizens cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.
(emphasis added)

The entire "birther" thing (that seems to have started from the Hillary Clinton campaign some 8 years ago) was rather quickly tiresome, small minded, and frankly stupid. That Obama allowed it to drag out so long, rather than releasing some documents or admitting he may have been "creative" in applying for college scholarships was either very foolish of him...or clever like a fox as some of his critics looked like tin-foil-hat wearing loons.

On the practical level, if we were to suddenly find 100% irrefutable proof that Obama was NOT natural born, what would we do at this point other than elevate Biden to president for 364 days? Is every law, ever budget, ever pardon signed by Obama void? Supreme and other federal court appointments void and thus decisions issued by those courts void? Obama was natural born US Citizen. And even if he weren't, there is no way to undo 7 years of governance. Obama's problem is not his natural born status; it is his overt hostility to the culture into which he was natural born, but which he hates.

If someone has some real evidence that Cruz's mother voluntarily and legally surrendered her US Citizenship prior to Cruz's birth, or that Cruz has voluntarily surrendered his US citizenship since then, by all means we ought to see it.

Until then, the crackpots are simply showing how scared they are that Cruz might actually have the popular/electoral support needed to win and govern.

Charles
 
Last edited:

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
What we really have is folks who think that the term "naturalized citizen" = "citizen".

That is the least of your confusions it seems.

Is a person born on US soil of foreign parents a "naturalized citizen"? Yes.

I believe the constitution does not grant such a person natural born status. But our current law and court rules hold that it does grant natural born (not naturalized) status.

Is a person born outside the US of a US citizen (not born on US soil) automatically a citizen? No.

Actually, in many cases the answer is yes as documented at this State department website/ Citizenship comes at birth. Paperwork may be needed to demonstrate that fact in some cases, but it isn't the paperwork that grants natural born citizenship status. That comes AT BIRTH. The paperwork merely documents the facts.

Can the US refuse citizenship to a person born outside of the US where both parents are US citizens? Yes.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html

Yes, there are some rare cases where citizenship can be denied. Would you care to point out which of the cases at your cite you think apply to Cruz?

"I expect some solid citations" himhuffpuff!

You have still not provided any citations that apply to Cruz. So keep trying.


The sun is hot. Need a cite for that?

From you, Hillary, or Obama, I might.

10 pts for Slytherin

To paraphrase a respected member of this forum: Only an idiot thinks an internet chat forum is contest to be won....or to award points. Much less to himself.

Charles
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
This is from a legal researcher that I trust and respect.

It is a fine theory. Looks like it would support my desire that children born on our soil to illegal aliens would not be granted automatic citizenship. But the theory is unsupported by statute or court precedence. Which means a lot of other legal researchers disagree. For better or worse. I don't know that I'd oppose implementation of the theory, if it were applied in full, across the board.

But at some point, you play by the rules in force at the time, or you handicap yourself to the point of failure.

If current citizenship laws allow millions of new, future Democratic voters via anchor baby status and if they allow someone who hates our nation and culture, born of US mother and non-US father to serve as president, I'm not about to apply a different standard to a guy who seems to be one of the most respectful of the constitutional limits of government in the current field.

Besides which, if the "intent of the law is the force of the law" then Cruz qualifies. Certainly nobody is going to claim that Cuba is trying to exert diplomatic influence via the son of a US citizen mother and a Cuban national who sought and obtained political asylum in the USA in the 60s, earned Canadian citizenship in 1973, and was naturalized a US Citizen in 2005. The elder Cruz owned his own business. It seems he has lived a life contrary to the entire communist regime of Cuba. If the intent of the natural born clause is to prevent foreign influence through marriage, then there is no concern in the case of Ted Cruz, even if current statute is not exactly what someone thinks the framers intended.

Charles
 
Last edited:

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
<snip>

Besides which, if the "intent of the law is the force of the law" then Cruz qualifies. Certainly nobody is going to claim that Cuba is trying to exert diplomatic influence via the son of a US citizen mother and a Cuban national who sought and obtained political asylum in the USA in the 60s, earned Canadian citizenship in 1973, and was naturalized a US Citizen in 2005. The elder Cruz owned his own business. It seems he has lived a life contrary to the entire communist regime of Cuba. If the intent of the natural born clause is to prevent foreign influence through marriage, then there is no concern in the case of Ted Cruz, even if current statute is not exactly what someone thinks the framers intended.

Charles

I don't know the Sr. Mr. Cruz at all ... perhaps he is a sleeper agent for the KGB for all I know or the nicest guy in the world. He was a cuban citizen though.

And the need to be natural born citizen is to avoid such concerns entirely in respect to people born outside the US.
 
Last edited:

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
I disagree, completely. The precedent is too egregious.

I would support a Constitutional amendment allowing naturalized citizens, but I will not knowingly support violating the Constitution.

I actually can't believe he went into the race not knowing he was not eligible.

It is unfortunate that we were not able to prove in a US court that Obama was not eligible, but that must be held independent of Cruz' eligibility.

I could not look at Cruz with any respect if he pursues or takes the office now that it has been explained to him. It kinda sucks, but, again, how does a naturalized citizen not know the difference between that and natural-born?

This is probably the most dangerous part of all. That is to say, "If he's willing to violate the constitution to even enter the race, what will be his regard for the constitution after elected?"

I gotta admit, I'm kinda scared of the level to which things have deteriorated. Across a couple years, I bought biographies on Cicero, Julius Caesar, and Augustus Caesar. One thing is very clear across all three books: the ruling class had little respect for their constitution (yes, the Roman Republic had a constitution. This was before the emperors, who came after Cicero and Julius Caesar).

One biographer explains that Julius Caesar could not understand why so many other Romans could not see the Roman constitution was dead. Maybe Julius thought that, maybe he didn't. But, for damn sure, the only reason he even bothered to try to set himself up as dictator of Rome was because the constitution was constantly already being flouted--it had become accepted. The political game and its rewards had become more important than preserving their constitution.

In fact, by about 80 BC, when Julius Caesar was a very young adult (17, 18. 19?), things had already fallen completely apart to the point a general named Sulla was able to take over. Sulla was a rarity: once he set things more or less back on track, he dropped the reins of power and retired from political life. He just cut the cord. Of course, the political class was too stupid to take the lessons offered, for example, respect and operate within the constitution. And, things started to deteriorate again. From what I can tell, by 50 BC or so, Julius Caesar recognized the constitution was dead and decided to go for it. Maybe to save Rome. Maybe to satisfy his own ambition. Maybe both. Who knows--he never wrote it down.

But, Julius Caesar was just a symptom. A sign. An indication of the real problem--enough political people were willing to violate the Roman constitution for their own ends, that a Julius Caesar could come to power. So what if he was assassinated? The civil wars that came right after his death were not a return to a constitutional republic. They were wars to determine which individual would wield power next. The last man standing, Octavian Caesar--we know him as Augustus Caesar--did not return Rome to its constitution. He wielded power quietly. You see, the people of Rome, while not giving a fig about the constitution were not ready for a king. Octavian/Augustus knew this. So, he wielded near absolute power "behind the scenes." Thus, while his contemporaries called him princeps (first citizen), scholars generally recognize him as the first emperor.

I see too many parallels between Rome in the last years of the republic and today. It frankly scares the bejeezus out of me.
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
And the need to be natural born citizen is to avoid such concerns entirely in respect to people born outside the US.

Emphatic assertion do not an argument make. You've yet to provide a single citation to back up your claim that anyone born on the wrong side of a border is not a natural born citizen, regardless of parentage. Indeed, even the cites you have provided have backed up my position that most persons born abroad to at least one US citizen parent are natural born citizens.

You may not like that fact of law any more than I like birthright citizenship for children of illegal aliens. But both are current--and pretty long-standing--law.

Either put up some real citations, or else stop acting like your opinions actually reflect legal or constitutional realities.

Charles
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
This is probably the most dangerous part of all. That is to say, "If he's willing to violate the constitution to even enter the race, what will be his regard for the constitution after elected?"

Begs the question of him being not a natural born citizen. Frankly, the only poster here who has provided the slightest credibility against Cruz's eligibility is Freedom1Man who provided the bit of constitutional scholarship. Everyone else has tried to claim Cruz's mother might have not been a citizen, or that somehow Canada denied Cruz his natural born US citizenship by granting him Canadian citizenship, or simply made emphatic assertions.

If someone wants to take issue with Cruz's positions, policies, or record, that would be useful. But until someone finds something a lot more conclusive than what has been posted so far, I predict that nobody who matters (ie courts, congress, etc) is going to issue any finding or ruling that Cruz is anything but a natural born citizen.

Charles
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Begs the question of him being not a natural born citizen. Frankly, the only poster here who has provided the slightest credibility against Cruz's eligibility is Freedom1Man who provided the bit of constitutional scholarship. Everyone else has tried to claim Cruz's mother might have not been a citizen, or that somehow Canada denied Cruz his natural born US citizenship by granting him Canadian citizenship, or simply made emphatic assertions.

If someone wants to take issue with Cruz's positions, policies, or record, that would be useful. But until someone finds something a lot more conclusive than what has been posted so far, I predict that nobody who matters (ie courts, congress, etc) is going to issue any finding or ruling that Cruz is anything but a natural born citizen.

Charles

As I stated before it would require an objection to his nominating petitions. I have heard of none. Beyond that, its political fodder.

https://www.youtube.com/watch?v=JSTw0TCcFcY

A Cruz video .. interesting that idiot from Illinois @ 5:30 into the video goes right to the point of the tyrannical gov't ... that rights are not rights at all ~ that all these talks about rights are fairy tales. Talks about Heller .. and that rights are not absolute. Even Cruz has this viewpoint .. and has said time and time again that freemen who were convicted of a crime but are now free, having served out their entire sentence and other obligations, cannot or should be able to possess firearms.


How about this for a 2nd amendment stance of a candidate for president ?:

Gun rights

...deems all Federal, State, County and Municipal Guns Laws as unconstitutional and should all be repealed immediately. The only Gun Law in this Nation is enumerated in the US Constitution’s Second Amendment.


http://restore-liberty.weebly.com/issues.html ^^^
 
Last edited:

beebobby

Regular Member
Joined
Sep 22, 2008
Messages
847
Location
, ,
"If someone wants to take issue with Cruz's positions, policies, or record, that would be useful."
He has no record other than obstruction. He lead the push to shutdown the govt. and he will always be remember for getting "Green Eggs and Ham" read into the record. He either didn't vote or he was on the wrong side when he did vote.
https://votesmart.org/candidate/key-votes/135705/ted-cruz#.VqDgvNIrKUk

"As I stated before it would require an objection to his nominating petitions. I have heard of none. Beyond that, its political fodder."
http://theconservativetreehouse.com...y-files-eligibility-lawsuit-against-ted-cruz/

In August 2013, after the Dallas Morning News pointed out that Cruz had dual Canadian-American citizenship, he applied to formally renounce his Canadian citizenship and ceased being a citizen of Canada, on May 14, 2014.
Can someone explain how a senator from Texas was also a Canadian citizen at the same time?

It's not hypocrisy to expect the opposition to abide by the rules they established. If Cruz was running on a Democratic ticket, the tea party knuckleheads would have a field day with his, and especially his father's, background. Making "Rafael" out to be a Canuck closet commie, with a "Friend of the Revolution" card signed by Fidel Castro himself.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
What about the RNC? I'm sure they dug deep for any dirt on Obama and would have brought it to light during one of his campaigns. Or maybe they were in on the conspiracy too.

I thought that your hate and distrust of the govt. was limited to the fed., now the state governments are suspect as well? What's next, local govt.?

LOL...obvioiusly you don't pay attention to my posts enough to realize I dislike the RNC. There is no real difference between the left and the right.

Of course the state is suspect too. Yet you seem to miss my main point, is that on purpose?
 

beebobby

Regular Member
Joined
Sep 22, 2008
Messages
847
Location
, ,
LOL...obvioiusly you don't pay attention to my posts enough to realize I dislike the RNC. There is no real difference between the left and the right.

Of course the state is suspect too. Yet you seem to miss my main point, is that on purpose?

I get it. Govt. is your enemy/out to get you.
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
He has no record other than obstruction.

That is a fine opinion to hold. Does it influence your view of what rules should apply to his eligibility for the presidency? Did you scoff at the right-wing birthers because you like Obama's positions and record? Mature, honest persons would at least attempt to abide the same standards for candidates regardless of the candidates' platforms. One of our biggest problems today is that far too many voters have reduced their political thinking to the level of grade school popularity. "Anything my team does is good, anything your team does is bad" will never lead to good government.


If you grant any more credence to this suit than you did to several similar suits aimed at Barack Hussein Obama, you are a small minded hypocrite.

Can someone explain how a senator from Texas was also a Canadian citizen at the same time?

Can you provide a citation to any law or constitutional provision that prevents a senator from Texas from holding dual citizenship?

Can you explain why you are taking such a xenophobic position?

Did Cruz ever actually hold or use a Canadian passport during his adult life? Was he even aware he had dual citizenship until someone else brought it up? I think he was all of 4 or 5 years old when he and his mother/family moved from Canada to Texas when his mother and father reconciled.

It's not hypocrisy to expect the opposition to abide by the rules they established. If Cruz was running on a Democratic ticket, the tea party knuckleheads would have a field day with his, and especially his father's, background. Making "Rafael" out to be a Canuck closet commie, with a "Friend of the Revolution" card signed by Fidel Castro himself.

If the rules had actually been established, you'd be right. But they weren't. Some knuckleheads made themselves look like idiots once the Hawaiian birth certificate was released. (In Obama's case location of birth mattered because his mother was not yet eligible to bestow natural born status on Obama under the laws in place when he was born. In Cruz's case, it is obvious his mother was eligible to bestow natural born status unless she met the legal requirements for having renounced her citizenship.)

You are making yourself look at least as bad as the right wing knuckleheads made themselves look. If that is your intention, and you're willing to own that description of a "left wing loon knucklehead engaging in racist/xenophobic conduct only because you dislike a candidate's platform" then you are not a hypocrite. But frankly, I think hypocrite would be slightly less offensive than admitting to what you are admitting to.

Nightmare is entirely correct about his dog as one might well apply it to your conduct on this board and this thread.

Charles
 
Last edited:

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
Govt. is your enemy/out to get you.

No it isn't. And if you have done nothing wrong, you have nothing to hide. So why should anyone be worried about the NSA listening in on phone calls or gathering cell phone meta-data?

Why is there any need for an appeals process once someone has been convicted and sentenced to death? Obviously, government lawyers and the judges follow the rules, turn over all evidence, and make sure juries actually represent a random cross section of the community and are free of racial and other bias.

Government is just here to help you. So why shouldn't well educated experts from the government help women in making decisions about whether to have abortions? My goodness, we don't want someone just trying to make a profit to persuade scared and vulnerable young women into undergoing a risky procedure do we? Far better to have government involved to prevent mistakes.

Similarly, if the experts decide that the nation needs to go to war, there is no need for regular folks to question that too much; certainly no reason for protests. Just check your draft cards and show up when directed.

And there is no need for protests over claims of police brutality. The police are a part of government and are clearly not our enemies. Let the internal affairs process work out and accept the findings.

It is one thing to deliberately and consciously be inconsistent in some regards. But do you even attempt to listen to yourself and check your words today against what you said yesterday, beebobby?

Charles
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
No it isn't. And if you have done nothing wrong, you have nothing to hide. So why should anyone be worried about the NSA listening in on phone calls or gathering cell phone meta-data?
<snip>

Charles

Because I plot the political demise of local politicians? How ? Just by making known to the public of records that they produce....they hate that.
 

beebobby

Regular Member
Joined
Sep 22, 2008
Messages
847
Location
, ,
No it isn't. And if you have done nothing wrong, you have nothing to hide. So why should anyone be worried about the NSA listening in on phone calls or gathering cell phone meta-data?

Why is there any need for an appeals process once someone has been convicted and sentenced to death? Obviously, government lawyers and the judges follow the rules, turn over all evidence, and make sure juries actually represent a random cross section of the community and are free of racial and other bias.

Government is just here to help you. So why shouldn't well educated experts from the government help women in making decisions about whether to have abortions? My goodness, we don't want someone just trying to make a profit to persuade scared and vulnerable young women into undergoing a risky procedure do we? Far better to have government involved to prevent mistakes.

Similarly, if the experts decide that the nation needs to go to war, there is no need for regular folks to question that too much; certainly no reason for protests. Just check your draft cards and show up when directed.

And there is no need for protests over claims of police brutality. The police are a part of government and are clearly not our enemies. Let the internal affairs process work out and accept the findings.

It is one thing to deliberately and consciously be inconsistent in some regards. But do you even attempt to listen to yourself and check your words today against what you said yesterday, beebobby?

Charles

I don't see where I have been inconstant. I don't agree with that statement, I was vocalizing what many on this forum seem to believe. GOP voters are following the logical consequences of being told by their party leaders that "Government is evil, everyone in Congress is corrupt, there are no legitimate government or state functions, and I want you to elect me to office!". When someone tells you that governing is evil and should be avoided, you don't elect those people to work in the government. It's a prescription for failure.
 

beebobby

Regular Member
Joined
Sep 22, 2008
Messages
847
Location
, ,
" (In Obama's case location of birth mattered because his mother was not yet eligible to bestow natural born status on Obama under the laws in place when he was born."
Please explain. Are you saying that Pres. Obama's mother wasn't an American citizen when he was born in Hawaii?
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
" (In Obama's case location of birth mattered because his mother was not yet eligible to bestow natural born status on Obama under the laws in place when he was born."
Please explain. Are you saying that Pres. Obama's mother wasn't an American citizen when he was born in Hawaii?

Well I cannot confirm that Obummer is a legal resident of the US. Nor his Kenyan parents.
 

beebobby

Regular Member
Joined
Sep 22, 2008
Messages
847
Location
, ,
Constitutional scholars and historians are at odds over this issue and they have far more experience and education on the subject than we do, to the 12th power, and even they cannot agree. The term "natural born" was used when our Constitution was drafted, not "native born". There's a huge potential difference, and only SCOTUS as the final authority can tell us if there is and, if there is, what it is. SCOTUS owes it to the American public and to history to exercise "original jurisdiction" and make a decisive but quick declaratory judgment on this issue, certainly before the Iowa caucuses.

Given the complexity and urgency and importance of this issue, I certainly hope that SCOTUS is doing its job and caucusing among the various justices to decide whether to assert "original jurisdiction" on its own motion and without further delay. They do not need a case or a motion to be filed for them to take up this issue. They can do it sua sponte.
 
Top