Tag Archives: Citizen

Harvard Law Review: Ted Cruz is a natural born citizen and is eligible to become President

Donald Trump with his buddies, the Clintons - I think that's Trump's third wife on the right
Donald Trump and his third wife pose with his radical leftist Democrat friends

Donald Trump has been questioning whether Ted Cruz is eligible to run for President because he was born in Canada. I thought it might be worth it to look at the circumstances of Cruz’s birth, then get an opinion from some legal experts.

So as far as I can tell, there are 3 people on the planet who think that Cruz is not eligible to run for President. Donald Trump, Rand Paul and Ann Coulter, a famous celebrity comedian who supported Mitt Romney, and now supports Donald Trump. She is very fond of getting attention by saying outrageous things, which she later claims are “jokes”. This week, she wanted to have the Republican governor of South Carolina, Nikki Haley, deported. She later said she was joking.

Ted Cruz’s mother was born in the USA

So, let’s start with the facts:

Eleanor Darragh, mother of Sen. Ted Cruz (R-TX), was born in Delaware on Nov. 23, 1934, establishing her citizenship by birth–and, according to U.S. law, that of her son, even though he was born in Calgary, Alberta, Canada, on Dec. 22, 1970.

You can look at her birth certificate on Breitbart News. This is the thing that all the birthers on Daily Kos and Democratic Underground denied the existence of, until it appeared. There is no doubt that Ted Cruz’s mother is an American citizen, and she met the residency requirements to pass on birthright citizenship to baby Ted.

Ted Cruz’s mother passes the residency requirement to pass on birthright citizenship

Former assistant U.S. attorney, and law professor Andrew McCarthy explains in National Review:

Under the law in effect when Cruz was born in 1970 (i.e., statutes applying to people born between 1952 and 1986), the requirement was that, at the time of birth, the American citizen parent had to have resided in the U.S. for ten years, including five years after the age of fourteen. Cruz’s mother, Eleanor, easily met that requirement: she was in her mid-thirties when Ted was born and had spent most of her life in the U.S., including graduating from Rice University with a math degree that led to employment in Houston as a computer programmer at Shell Oil.

Ted’s mother registered baby Ted with the U.S. Consulate in Calgary. Cruz moved back to the USA when he was 4 years old. Cruz was able to get a U.S. passport to travel abroad in 1986. The U.S. government does not hand out U.S. passports to non-citizens.

A legal opinion from the Harvard Law Review

Now, I didn’t think this topic was worth writing about. It was actually my friend Robb who urged me to do it.

Robb sent me this article from the Harvard Law Review, which is what made me decide to go ahead and write about it.

The article is written by two experts in the law:

Neal Kumar Katyal is an American lawyer and chaired professor of law. He served as Acting Solicitor General of the United States from May 2010[2] until June 2011… Katyal was the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center and the lead counsel for the Guantanamo Bay detainees in the Supreme Court case Hamdan v. Rumsfeld. While serving at the Justice Department, he argued numerous cases before the Supreme Court.

Paul Drew Clement is a former United States Solicitor General and current Georgetown University law professor. He is also an adjunct professor at New York University School of Law. He was nominated by President George W. Bush on March 14, 2005 for the post of Solicitor-General, confirmed by the United States Senate on June 8, 2005, and took the oath of office on June 13. Clement replaced Theodore Olson. Clement resigned on May 14, 2008, effective June 2, 2008, and joined the Georgetown University Law Center as a visiting professor and senior fellow at the Supreme Court Institute.

The article says:

The Constitution directly addresses the minimum qualifications necessary to serve as President. In addition to requiring thirty-five years of age and fourteen years of residency, the Constitution limits the presidency to “a natural born Citizen.” All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.

While some constitutional issues are truly difficult, with framing-era sources either nonexistent or contradictory, here, the relevant materials clearly indicate that a “natural born Citizen” means a citizen from birth with no need to go through naturalization proceedings. The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British common law and enactments of the First Congress. Both confirm that the original meaning of the phrase “natural born Citizen” includes persons born abroad who are citizens from birth based on the citizenship of a parent.

“Natural born” means no naturalization process. Ted Cruz’s mother was a citizen by birth. She meets the residency requirements to pass on birthright citizenship. We have her birth certificate. We also have Ted’s birth certificate with her name on it as his mother. This ends the issue for all the people who are governed by reason and evidence.

Democrats will push amnesty to give 12-20 million illegal aliens citizenship

Homeland Security Secretary Janet Napolitano made the announcement.

Story from the Wall Street Journal.

Excerpt:

One of the toughest issues is likely to be what to do about millions of illegal immigrants already in the U.S. Ms. Napolitano called for a “tough and fair pathway to earned legal status,” including “registering, paying a fine, passing a criminal background check, fully paying all taxes and learning English.”

Not included in her list was a requirement that illegal immigrants leave the country, and re-apply for legal entry. In 2007, many members of Congress said they couldn’t support a program of mass legalization in the face of opposition from constituents and activist groups critical of easing the road to legal immigration for those who had already violated the law.

Lamar Smith (R-TX), the top Republican on the House Judiciary Committee, voiced concern in a statement Friday about Ms. Napolitano’s proposals. “How can they allow 12 million illegal immigrants to take jobs that should go to citizens and legal immigrants?” he said.

Why do people oppose illegal immigration?

Consider this article posted at the Heritage Foundation by Congressman Lamar Smith.

Excerpt:

Today, anywhere from 12 million to 20 million illegal immigrants are in the U.S.–enough to populate America’s three largest cities, New York City, Los Angeles, and Chicago. Half a million more enter illegally every year.

Those who would do us harm respect no borders. For instance, four of the 19 terrorists who attacked us on September 11, 2001, were in the country illegally. Border security equals national security.

Illegal immigrants also depress wages and often take the jobs of legal workers. According to the Center for Immigration Studies, low-skilled workers lose an average of $1,800 a year because of competition from illegal immigrants for their jobs. That’s a huge economic hit.

The highest unemployment rates among Americans are in the occupations with the highest number of illegal immigrants. Almost one-quarter of all African-Americans and 40 percent of all Hispanics do not have a high school degree. These low-skilled legal workers are the victims of porous borders.

Some say there are jobs Americans won’t do. But that demeans Americans who work hard in every occupation. Any honest job is a worthy job.

There is another cost to illegal immigration besides lower wages and lost jobs. Communities and taxpayers pay the bills for their education, health care, and government benefits. Overcrowded classrooms, long waits at hospital emergency rooms, and expensive government services result from a failure to secure our borders.

In California alone, hospitals spend over $1 billion a year on health care for illegal immigrants. And the National Research Council has found that an immigrant with less than a high school education will, over his or her lifetime, impose a cost on taxpayers of $89,000. It is unfair to force legal residents and taxpayers to continue to pick up the tab.

Some say the taxes illegal immigrants pay offset the costs of providing them education, health care, and government benefits. But, at their low wages, most illegal immigrants don’t even pay taxes. And when they do, their taxes don’t cover other government services, like maintaining highways, providing for our national defense, and taking care of the needy and elderly.

Also, at their wages, if illegal immigrants participate in Social Security, they will get back $100,000 more than they pay in, further bankrupting the system for everyone else. The cost of illegal immigration is staggering. And it is growing by the minute.

Gateway Pundit comments on what Democrats stand to gain from pushing through another amnesty. I feel badly for all the skilled immigrants who play by the rules and have to wait for years and pay thousands of dollars for green card processing fees. My understanding is that you can only apply for a green card through marriage or employment, and employers almost never sponsor workers due to Department of Labor regulations. I am for increasing legal immigration of skilled immigrants who work hard and play by the rules.

Dennis Prager explains why big government means small citizens

I noticed this article by Dennis Prager that I highly recommend to all my readers. (H/T Muddling Towards Maturity, The Pugnacious Irishman)

The title is “The Bigger the Government, the Smaller the Citizen”.

Excerpt:

Here are five reasons why bigger government makes less impressive people.

1. People who are able to take care of themselves and do so are generally better than people who are able to take care of themselves but rely on others.

[…]2. The more people come to rely on government, the more they develop a sense of entitlement — an attitude characterized by the belief that one is owed (whatever the state provides and more).

[…]3. People develop disdain for work.

[…]4. People become preoccupied with vacation time.

[…]5. People are rendered more selfish.

What does it say about us, that were are willing to give up our own freedom in order to live off our neighbor’s hard work?

Here’s more stuff from Muddling:

Mona Charen explains how individual initiative is dying in America

Mona Charen writing in the National Review Online. (H/T ECM)

Excerpt:

A plucky teller foiled a robbery attempt at Key Bank in Seattle. But the story does not end happily. When a small man in a beanie cap, dark clothing, and sunglasses pushed a backpack across the counter and announced, “This is a ransom. Fill the bag with money,” teller Jim Nicholson ignored his training and “instinct took over.” He lunged across the counter and attempted to grab the thief by the throat, or at least to pull his glasses off. The nonplussed would-be robber bolted for the door with Nicholson on his heels. A couple of blocks away, with the help of others, Nicholson tackled the guy and held him until police arrived.

Two days later, Key Bank got in touch with Nicholson. A bonus, perhaps? A commendation? Not quite. He was fired. It seems he had violated the bank’s strict policy that tellers should always comply with robber demands. A Key Bank spokesman has not returned a call asking for comment.

It gets worse, though. OK, everyone know s that I absolutely adore birds. All kinds of birds, but especially cockatiels. Birds are the most cuddly and adorable creatures in the world and I want to make friends with all of them whenever I see them. We have Canadian geese that walk around my building and I whistle to them. They stop, lift up their heads and stare at me. Sometimes, they honk back, if I honked at them first.

Look at this tragedy:

We see Canadian geese crossing roadways all the time here in Fairfax County. Usually it’s an adult goose followed by four to six fuzzy gray goslings with another adult goose bringing up the rear. One assumes it is a family unit. Jozsef Vamosi was driving to work around 9:30 a.m. when he saw such a family assembling to cross a busy thoroughfare. “They were walking like gentlemen,” Vamosi told the Washington Post. “Like the Beatles on ‘Abbey Road.’” Vamosi got out of his car, held up a hand to stop traffic and escorted the birds to the median. He then did the same thing on the other side of the road. The geese went safely on their way. “Everything came out fantastic,” the Hungarian immigrant explained. That is, until a Fairfax County police officer arrived on the scene berating Vamosi and questioning his sanity. Vamosi was issued a ticket for jaywalking. A police spokesman advised, “We can appreciate the citizen’s response and compassion for wildlife. But a more prudent response would be to pull off the road and use their cellphone. Call the police, and have them respond.”

By the time even the most responsive police could have arrived for such a call (and don’t they have more important matters to attend to?) the geese would have been pâté. Nicholson and Vamosi acted on impulse — and I for one would not like to live in a country where such instincts have been ironed out of us.

Stop taking away all of our chances to be heroic, you stupid bureaucracy!

Oh – speaking of that, I was talking on my cell phone outside the office last week when one of our female Democrats came out. It had just started to rain really hard. So I asked her for her car keys and brought the car around for her so she would not get wet. (I got soaked!) I suppose that if the feminists find out, I would be sued. This is what men are supposed to do for women.

This is also why men (and women) should be allowed to own firearms and carry them. We should not be calling the cops when a crime can be prevented just by brandishing a firearm.