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Donald Trump just predicted a major lawsuit against Ted Cruz (Original Post) rsexaminer Apr 2016 OP
Been waiting for this. elleng Apr 2016 #1
Yeah, let's watch the GOP circle the toilet! kysrsoze Apr 2016 #2
If the Cruz connections mentioned in Creative Speculation Downwinder Apr 2016 #3
Screw Trump and his lawsuits-- the Harvard law Review makes the case... TreasonousBastard Apr 2016 #4
Not definitive; elleng Apr 2016 #5
Which we might have soon enough, but... TreasonousBastard Apr 2016 #6
There is NO precedent; elleng Apr 2016 #7
Hardly-- the Naturalization Act of 1790... TreasonousBastard Apr 2016 #8
Right, they weren't, elleng Apr 2016 #9
You didn't read the law revue article, did you? It clearly stated... TreasonousBastard Apr 2016 #10
Yes, I did read it. elleng Apr 2016 #11
Trump's an idiot. no_hypocrisy Apr 2016 #12
Different issues presented by a proper challenge to cruz. elleng Apr 2016 #13
His Mom was American edhopper Apr 2016 #14

TreasonousBastard

(43,049 posts)
4. Screw Trump and his lawsuits-- the Harvard law Review makes the case...
Sun Apr 24, 2016, 12:29 AM
Apr 2016

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/

TreasonousBastard

(43,049 posts)
8. Hardly-- the Naturalization Act of 1790...
Sun Apr 24, 2016, 01:47 AM
Apr 2016

pretty much defined "natural born citizen" and McCain and Romney weren't born in the US.

elleng

(130,964 posts)
9. Right, they weren't,
Sun Apr 24, 2016, 01:58 AM
Apr 2016

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 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 bo''rn 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.”' >>>

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)
10. You didn't read the law revue article, did you? It clearly stated...
Sun Apr 24, 2016, 02:49 AM
Apr 2016

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)
11. Yes, I did read it.
Sun Apr 24, 2016, 02:53 AM
Apr 2016

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)
12. Trump's an idiot.
Sun Apr 24, 2016, 06:04 AM
Apr 2016

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)
13. Different issues presented by a proper challenge to cruz.
Sun Apr 24, 2016, 12:18 PM
Apr 2016

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.

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