Monday, March 23, 2015

Yes Doubters, Ted Cruz Is Eligible!


Yes Doubters, Ted Cruz Is Eligible!
Al Ritter 

I was astounded this week by how many supposed “conservatives” saw fit to attack Sen. Ted Cruz the FIRST declared Republican candidate from the great state of Texas. It seems that questions about his eligibility have surfaced. Although I would have expected these questions to come from the left first, it seems that the less than true conservatives have served him up for a meal for the moderates first. 

You would think that the liberal “Y” generation had seen what was available and declared Che Guevara the preferred winner rather than Ted Cruz, one of the possible contenders for the Presidency of the United States of America. 

The more rabid and less informed Republicans site the Constitution alone to declare his ineligible status. That is ONE basis but later laws and immigration ruling have stated differently.  

Under Title 8 of the U.S. Code, Section 1401 defines the following as citizens of the United States upon birth… or natural-born citizens:
Anyone born inside the United States. The person must be “subject to the jurisdiction” of the United States. (This would exempt the child of a diplomat, for example, from this provision.)
  • Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
  • Anyone born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
  • Anyone born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
  • Anyone born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
  • Anyone found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
  • Anyone born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
If this isn’t enough to convince you, more is available: 


“a person born before May 24, 1934 of an alien father and a U.S. citizen mother who has lived in the U.S.” is a citizen. 

Added to:  

This relates to the law as it relates to the time Ted Cruz was born……Section 1401 of Title 8 of the US Code, Currently, citizenship in the U.S. is governed by the Immigration and Nationality Act of 1952.  December 24, 1952 – November 14, 1986. A person born abroad between those dates is a U.S. citizen upon birth if all of the following are true:
  1. The person’s parents were married at the time of birth;
  2. One of the person’s parents was a U.S. citizen when the person was born;
  3. The citizen parent lived at least ten years in the United States before the child’s birth; and
  4. A minimum of 5 of these 10 years in the United States were after the citizen parent’s 14th birthday.
According to these definitions Ted Cruz falls under the definition (at least according to present law) is a “natural citizen.”
Because the Supreme Court has never actually debated on what a “natural citizen” is, nor does it seem to be accepted for future debate, the result WILL be that Ted Cruz is eligible to run for President of the United States of America.
If Moderate Republicans and Democrats are smart, they wouldn’t touch this subject with a 20 foot pole, but then again I regress.

 

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