Sen. Rand Paul yields to “lawyers” on Cruz citizenship question

[Scott_in_PA]

I like this...

1)
I suppose another way to review this question is to ask, If Ted Cruz's father was the King of England and all the other circumstances were generally the same.. would we accept Cruz as a Presidential candidate, while also being an heir to the throne of England? Had this been possible from a legal standpoint, I'm unsure why the British Empire wouldn't have attempted to do so with how big the stakes were to hold the United States under their power.

I usually ask if a child of Vladimir Putin, born in Russia or Canada, to an american mother, could the child be POTUS ?

And offer this for review.
https://lawreviewdrake.files.wordpress.com/2015/06/irvol58-2_han.pdf

 

[Dr. Dog]

not in that infirmary on base, there is no naval hospital on that side of Panama (at that time 1930's), (certainly no maternity suite facilities there)

There most definitely was a naval hospital at Coco Solo Naval Station.

You can see that here: http://media.washingtonpost.com/wp-srv/politics/documents/mccain_irvine_2.pdf

but much more suitable accommodations for the Admiral's son in the community hospital off base built before there was a canal zone probably,
with a Navy doctor who signed the log at the hospital - a fact, even if ya' got lied to by McCain.

First off, McCain's father was not an admiral at the time. Secondly, a hospital off-base would have been a third world shithole. The best hospitals were military facilities within the Canal Zone.

and fwiw, and like I said it would not even matter if he was born at the Naval Station in the Canal Zone . . .

And if you read what it says on that page you'd see this:

The Constitution does not necessarily apply to territories. Instead, the Congress has jurisdiction to create law within territories in certain circumstances, particularly dealing with revenue, that would not be allowed by the Constitution for proper states within the union.

Which is why Congress passed what is now codified as
title 8, section 1403 which reads:

(a)Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.
(b)Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.


(June 27, 1952, ch. 477, title III, ch. 1, § 303, 66 Stat. 236.)

 

[Galileo Galilei]

Per the US Constitution, the Electoral College decides who is eligible to be president.

 

[NativeOne]

None of these qualify to even be on stage, and they know it .. rubio,cruz,jindel .. common sense laws for over hundred years confirm it ..

as i grew up it was always the KNOWN "COMMON LAW" of the land, that BOTH parents had to be American citizens at the time of your birth, AND you had to be born on American soil ..

There was even a news paper cartoon that ran NATION WIDE, called Ditto .. who was a little boy who was American BUT was born over sea's .. i forget what kind of work his parents did over sea's but because he was born off Embassy (AMERICAN) property he could NOT even run for president ... they tried to make it to an American military hospital but the car broke down ..

What made it very important at that time was the fact that, everyone who read that cartoon was in love with Ditto, but understood, that it was LAW .. and it was made plain as day ..

Everyone has always paid close attention to ONLY two things ..

1) Was parents American citizens at the time of birth ..

AND ..

2) Was the person who was considering running BORN on American Soil ..whether it be here, American Military Base and or Embassy

PERIOD

End of story ..

 

[Galileo Galilei]

Per William Blackstone, Cruz is a natural born citizen.

 

[nikcers]

Yeah I think Rand was trying to point out that Cruz is a lawyer; and by proxy lawyers are the ones to who tend to demagogue or "re-interpret" laws while also pointing out that Rand is a Doctor and not a lawyer. It's seems like Rand implied that should Cruz get the Nomination then it would be a fair argument for lawyers to determine or interpret the law on whether or not he would be eligible for President. This really begs the question though, would Rand endorse Cruz under either condition. Since he has left it open he has all but implied that he wouldn't not endorse Cruz.

 

[dusman]

Per the US Constitution, the Electoral College decides who is eligible to be president.

Completely incorrect. No where does the Constitution say the Electoral College decides who is eligible, since it specifies explicitly the specific requirements at law for the position.

Per William Blackstone, Cruz is a natural born citizen.

Sorry, but Blackstone alone is not enough to argue the merits of natural born citizenship. Believe me, arguments resting on Blackstone definitions are weak at best and at worst will be entirely ignored without some form of precedent to support the claim.

 

[Jan2017]

Per William Blackstone, Cruz is a natural born citizen.

And to John Jay he is not constitutionally eligible to be even Vice-President after the Arthur Chester debacle . . .
as he was born in the province of Alberta, Canada.

 

[Jan2017]

the Congress has jurisdiction to create law within territories in certain circumstances,

So the Navy doctor delivered shit-hole McCain in a shit-hole Panama hospital as documented
better equipped for the officer's wives delivery of new marines.

But, Congress can enact laws for the unincorporated territory - but can not change the constitution by itself from DC
to allow foreign-born Presidents, including in your best scenario for McTraitor born in former - but no longer - US unincorporated territory.

McCain is EXACTLY the type that the delegates of the 1787 Constitutional Convention would seek and intended to exclude -
and if it weren't for a lawyer-delegate born in Scotland, they may have included that provision for the legislative branch, well the Senate -
during the discussion and vote on those clauses in mid-August.