Mary Brigid McManamon January 12 at 11:24 AM



Mary Brigid McManamon is a constitutional law professor at Widener University?s Delaware Law School.

Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.

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 born 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.?

Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator?s parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization. 

He's too stupid according to his constitutional law professor at university. 

Ted Cruz Gets OWNED By His Own Harvard Law Professor: Calls Cruz Clueless On Constitution (VIDEO)

Author: Christian Drake January 12, 2016 5:29 am

Laurence Tribe, who was Ted Cruz?s own Constitutional Law professor at Harvard, visited MSNBC?s The Last Word, to discuss Cruz?s total lack of understanding on, and general contempt for, the Constitution of the United States.

Professor Tribe said point blank that Ted Cruz only cares about the Constitution when it benefits Ted Cruz, or if he can use it as a weapon to hurt other Americans. Otherwise, he could not care less if the Constitution says you have a right he doesn?t want you to have.

You really can?t argue with Professor Tribe?s assessment of Cruz on that. He couldn?t be more correct.

Professor Tribe spoke briefly to the recent ?birther? attacks put forth against Cruz by fellow Republicans and Donald Trump. He said that these attacks brought into light the glaringly obvious example of how Ted Cruz simply chooses to interpret the Constitution in any way that is convenient for him at the time, with no regard to the actual law.




What this does is give us a window into the character of Ted Cruz. The sort of person he is, with respect to the American Constitution. Whats intriguing ? it was true even when he was my student years ago ? he used to believe in ?originalism,? that is the Constitution always means what it meant when it was adopted- Except when it?s not convenient for him to mean that. This is a perfect example.

If the Constitution always meant what he claims, namely that if you got an American mother it doesn?t matter where in the world you?re born, you become a natura born citizen at birth. Well then, why in the world did congress need to pass a law dealing with naturalization and immigration in 1934, saying ?from now on, although it wasn?t true before, if you have a mother who?s an American citizen, thats good enough??

Source: MSNBC

Tribe?s example seems innocent enough, but it speaks to a larger issue where Cruz simply doesn?t care about constitutional law. Remember ? we were still torturing people as recently as 7 years ago, regardless of what the Constitution said.



Professor Tribe continued on even further in criticizing him even further, saying the Cruz he taught constitutional law to at Harvard is nothing like the Cruz of today. He implied that it was like the Cruz of today never studied constitutional law at all. Tribe also touched on some of Cruz?s other comments, where he said that the Supreme Court?s word has no impact on the law of the land. Professor Tribe could only describe it as ?Scary.?

Watch Ted Cruz?s former constitutional law professor completely destroy his presidential qualifications below:
Here for video 

The same liberal professor that called him a genius? 

LOL........... Judy is getting nervous.

Jumping on the birther bandwagon.

Always a desperate sign. 

Cruz?s total lack of understanding on, and general contempt for, the Constitution of the United States.


You can't make this stupidity up! 

Sure you can:

 

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Life is good! 

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I can play too. 

I'm fed up with people pushing a lie against Ted Cruz. He is an AMERICAN CITIZEN and is eligible to be president just like anyone that is actually born on this soil. 100 years ago our lawmakers settled the issue of children born abroad and it clearly states that any child born abroad of a US citizen is a US citizen. There are many births abroad of children of US citizens and they all derive their US citizenship from their US citizen parent. Ted Cruz's citizenship should not be an issue, this is being done because he has a clean slate, no baggage. 

You are stupid children and are ruining this site for me. 

Funny how the same crowd that labeled conservatives who questioned Obama's legitimacy "wacko birthers" are now beating the "Cruz is not eligible" drum. Goose, meet gander. 

That's the point prolix. It's called pointing out the hypocrisy. Suddenly when trump calls out Cruz on being born in Canada, all those Obama birthers change their tune.

Obama is an American citizen, yet people still beat that drum. 

The people who are pushing the issue are doing so in a satirical way to mock the Obama birthers 

Obama is an American citizen, yet people still beat that drum.

The Clintons got the first wack on that drum. 

Ted Cruz has no baggage? Lol. He's an extreme right wing tea party nut job. That is baggage in the eyes of sane, intelligent Americans

http://m.motherjones.com/politics/2013/10/ted-cruz-rafael-father-video-christian-tea-party 

Hillary should rename herself "Samsonite" ....she has so much baggage. 

LOL, he's a natural born citizen according to the law. Obama isn't. 

Yeah, ok. There's the hypocrisy I'm talking about. Obama is clearly an American citizen, given that he's the president. 

Obama is clearly an American citizen

Not according to the law at the time of his birth, even If he was born in Hawaii, which he wasn't. 

Even if Obama was born in Kenya, which he wasn't, his mother was an American citizen. Ted Cruz was undoubtedly born in Canada to an American mother. So by your twisted logic, Obama isn't an American but Ted Cruz is, because you say so. Go it. You tea party whack jobs make so much sense. 

Not according to the law at the time of his birth,

So you're now claiming the law changed between the 1780s and after Obama was born? Can't make this stuff up lol 

They are both (Obama and Cruz) American citizens. Get over it. 

11th commandment is at work on this one...Rafael Cruz would never get their votes but they're programmed to argue in his defense. 

"Famed Harvard Law School professor Alan Dershowitz ranks Sen. Ted Cruz among the school's smartest students, adding that the Canada-born Texan can run for president in 2016." 

Ted Cruz reminds me of a used car salesman. Is there a Constitutional rule about that? 

So you're now claiming the law changed between the 1780s and after Obama was born?

Yes, the law changed. It's funny how that happens and has happened many times and you don't know that simple truth. Can't make this stuff up lol


Birth abroad to one United States citizen.

A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:

1. The person's parents were married at time of birth

2. One of the person's parents was a U.S. citizen when the person in question was born

3. The citizen parent lived at least five years in the United States before the child's birth

4. A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.

INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in "honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization." Additionally citizens, who spent time living abroad as the "dependent unmarried son or daughter and a member of the household of a person" in any of the previously mentioned organizations can also be counted.

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.

Different rules apply for persons born abroad to one U.S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law is applicable as it existed at the time of the individual's birth.

For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen 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;

4. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

# 4 is where Obama doesn't meet the standard of the law 

Ted Cruz is a creeper...something horrible is coming out of his closet one day. GUAR RAN TEED! 

He is an AMERICAN CITIZEN and is eligible to be president

I think that also.

Not a Cruz fan, but birthplace or circumstances is not the reason. His credentials are valid. 

# 4 is where Obama doesn't meet the standard of the law

Yeah. Congress will probably do something to nullify his TWO terms as President of the United States. 

Yeah. Congress will probably do something to nullify his TWO terms as President of the United States.

It's obvious that you don't understand the law, and it's also obvious that you don't understand the point of my post. Not surprising however. 

Ted Cruz is not eligible to be president

He's also not eligible for the lobotomy he so desperately needs. 

It's obvious that you don't understand the law, and it's also obvious that you don't understand the point of my post.

Quite possible. Not likely. 

Obama was born in Hawaii........period.

That means U.S. citizenship.

Cruz is eligible but detestable. 

Obama was born in Hawaii........period.

That means U.S. citizenship.

Another person who doesn't understand the law. 

Ted Cruz reminds me of a used car salesman. Is there a Constitutional rule about that?

Reminds me of Mr. Haney on Green Acres. Mr. Douglas! 

Obama was born in Hawaii........period.That means U.S. citizenship. Cruz is eligible but detestable.

That's where I come out. No one really knows what "naturally born" means, but let's be logical. Presumably it has nothing to do with the nature of the birth. That leaves two possible answers. Under one, a person born in the US or to a US citizen outside of the US is naturally born. That seems like a logical answer. The other answer is that where you are born matters whether or not the mother is a citizen. That doesn't make much sense, although who knows what they were thinking in 1787. Of course, the "original intent" crowd here might think it means born in the US, right? 

or to a US citizen outside of the US is naturally born.

where you are born matters

Both are correct. For the original intent folks, it meant born on US soil, that's why it didn't take effect until 1808 I think.