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Cruz question for Constutional lawyers - SIAP

madbone63

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Nov 30, 2006
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The "natural born" citizen language in Article 2 concerning requirements of a Presidency seems genuinely problematic for Cruz. It goes back to English common law that said you were natural born only if born on the soil of that kingdom. Back in 2008, the Senate unanimously declared that McCain was eligible because he was born of a father who was an Admiral on active duty abroad on a US Naval Base. This logic leaned on the exception in the Constitution for children born of ambassadors abroad. It was also done because McCain was well-respected and liked. Cruz is hated in the Senate and has no such angle on the Ambassador exception that McCain did.

If this is not an issue, why were the birthers pursuing Obama's country of birth so hard? His mother was an American after all, just as one of Cruz' parents was.

Schneider v. Rusk (1964): "We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity, and are coextensive. The only difference drawn by the Constitution is that only the 'natural born' citizen is eligible to be president. (Article II, Section 1)"


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