General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDonald Trump just predicted a major lawsuit against Ted Cruz
Watch as Donald Trump just hit Ted Cruz over his "birther" issue for being born in Canada, predicting a major lawsuit against the senator in the near future.
http://us.blastingnews.com/news/2016/04/donald-trump-predicts-major-lawsuit-coming-against-ted-cruz-over-his-canadian-birth-00891361.html
elleng
(130,964 posts)kysrsoze
(6,022 posts)Downwinder
(12,869 posts)are true it will be interesting.
TreasonousBastard
(43,049 posts)that Cruz is absolutely, positively a "natural born citizen".
Not that I have any love for Cruz, but Trump should just STFU.
http://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/
elleng
(130,964 posts)requires a decision from the Supreme Court.
TreasonousBastard
(43,049 posts)there's plenty of precedent so far.
elleng
(130,964 posts)this is a case of first impression, I think.
TreasonousBastard
(43,049 posts)pretty much defined "natural born citizen" and McCain and Romney weren't born in the US.
elleng
(130,964 posts)but no one raised the issue.
Legislation cannot overrule the Constitution.
'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 concepts 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 bo''rn out of it. The key to this division is the assumption of allegiance to ones 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.' >>>
https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html
TreasonousBastard
(43,049 posts)that the framers were familiar with British law and considered "natural born" as being "not naturalized". They even passed a law saying that.
Legislation can't override the Constitution, but it can help define its terms.
elleng
(130,964 posts)Usually, the Supremes don't use legislative history as a foundation for their decisions.
As I've said, this matter must be resolved by the Supreme Court.
no_hypocrisy
(46,117 posts)There have been several lawsuits during the past months, trying to keep Cruz off state ballots for primaries and each judge has determined that he is an American citizen. I don't see how future legal actions would have a different outcome.
elleng
(130,964 posts)Assuming he is a U.S. citizen, the real issue is whether he is eligible to serve as President, NOT the same issue. And several of those lawsuits were dismissed, I think, due to lack of 'standing' of the plaintiff. On these matters, trump is not an idiot.
edhopper
(33,584 posts)But do we know what citizenship he was declared at birth? Canadian or American?