Tag Archives: Presidency

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.

Keith Hennessey explains one strategy for undoing Obamacare

In the Wall Street Journal.

Excerpt:

Now that the Supreme Court has ruled ObamaCare’s individual mandate constitutional, the direction of American health policy is in the hands of voters. So how do we get from here to “repeal and replace”?

Step one is electing Mitt Romney as president, along with Republican House and Senate majorities. Without a Republican sweep, the law will remain in place.

But a President Romney does not need 60 Republican senators to repeal core elements of ObamaCare. Democrats lost their 60th senate vote in early 2010 after Scott Brown took Edward Kennedy’s seat. To bypass a Senate GOP filibuster and enact portions of ObamaCare, they used a special legislative procedure called reconciliation.

Reconciliation allows a bill to pass the Senate in a limited time period, with limited amendments, and with only 51 votes; filibusters are not permitted. In 2010, Democrats split their health-policy changes into two bills, one of which they enacted through this fast-track process. In 2013, a Republican majority could use the same reconciliation process to repeal those changes.

The reconciliation process, however, applies only to legislative changes to taxes, spending and debt, or the change must be a “necessary term or condition” of another provision that affects taxes or spending.

Crucial parts of ObamaCare meet this test. Thus, if a President Romney has cohesive and coordinated majorities in the House and Senate, a reconciliation bill could repeal the Affordable Care Act’s Medicaid expansion, insurance premium and drug subsidies, tax increases (all 21 or them), Medicare and Medicaid spending cuts, its long-term care insurance program known as the Class Act, and its Independent Payment Advisory Board, a 15-member central committee with vast powers to control health-care and health markets.

Chief Justice John Roberts ruled that the financial penalty enforcing the individual mandate is within Congress’s constitutional power to “lay and collect Taxes,” and that the mandate and penalty are inextricably linked. This should suffice to enable repeal, through reconciliation, of both the individual and employer mandates, and their respective penalty taxes.

The state exchanges and insurance rules—”guaranteed issue,” which forces an insurer to sell a policy to someone who is already sick, and “community rating,” which severely limits the insurer’s right to charge that person a higher premium—are procedurally more difficult. Yet both are linked to the individual mandate, which increases taxes. Whether they can be repealed in a reconciliation bill will ultimately be decided by the Senate Parliamentarian.

Once the individual mandate is repealed, these popular insurance changes cannot stand by themselves. Without the mandate, people have every incentive to save on premiums and not buy insurance until they fall ill. This will send premiums through the roof for healthy people and, if the government clamps down on increased premiums, destroy private insurance companies. Those Republicans who say they favor legislated guaranteed-issue and community-rating requirements but oppose the mandate will be forced to acknowledge that all three must go.

So, for those who are concerned about repealing Obamacare, this is the way forward. We have a tough battle to get it it done, but it is possible.

Michele Bachmann beats RINO Mitt Romney in fundraising

Rep. Michele Bachmann
Rep. Michele Bachmann

From the left-wing Politico.

Excerpt:

Michele Bachmann became the queen of 2011 fundraising this quarter, bringing in a combined $2.2 million for the quarter – bigger than the $1.9 million that frontrunner Mitt Romney reported bringing in, officials confirmed for POLITICO.

Bachmann raised $1.7 million for her congressional committee, and another $500,000 for her leadership PAC, Bachmann adviser Andy Parrish said.

The numbers are sure to roil the early presidential-watching, as the Minnesota congresswoman gears up for a likely run for the White House in 2012.

Much of her donations are reportedly small checks.

Bachmann, a tea party favorite, has been getting increasing attention as Sarah Palin appears increasingly unlikely to run.

Michele Bachmann is my pick to be President in 2012. Looks like she is off to a good start.

Just so you know, Mitt Romney is not a strong conservative. He enacted socialized medicine, with an individual mandate, in Massachusetts when he was the governor. It is suffering from enormous deficits. And in my opinion, he is pro-abortion, although he claims not to be when he is running for President.

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Michele Bachmann courts homeschoolers in Iowa speech

Rep. Michele Bachmann

From Caffeinated Thoughts.

Excerpt:

Congresswoman Bachmann was next.  She took time to introduce herself as a native Iowan and that she is a 7th generation Iowan.  She noted that she is also 100% Norwegian, so that makes her “Iowegian.”  She and her husband Marcus also homeschooled.  They have five natural born children, and were the foster parents for 23 kids, she said that makes her “the old lady in the shoe.”

She congratulated Iowans on ousting three of the Iowa Supreme Court justices calling them “black-robed masters.”  She was appalled at their audacity to redefine marriage, and said that as State Senator she offered a constitutional amendment to define marriage as one man, one woman in Minnesota.  That was sparked by what she saw happening in Massachusetts when their supreme court dictated to the Legislature what law they must pass to make gay marriage legal in that state.

She said that she was the first Republican woman to be elected to go to Washington out of Minnesota.  She qualified that, “I’m not just a Republican, I’m a way conservative.”  She joked that Washington still doesn’t know what to do with her.

She said that she has been prolife since she was 19 having been impacted by the teaching of Francis Schaeffer in college.  She also said that exercises her 2nd Amendment rights, and has a carry permit.  She noted that she grew up in a house where they made their own shotgun shells in the basement, and took her first gun safety course when she was 12.

She said, “I may be 5-foot-2 and wearing a yellow suit, but I am one tough lady when it comes to protecting our freedoms.”  To great applause she said, “we will make Barack Obama a one-term president.  We will repeal Obamacare.  She said that we have a brief window of opportunity in 2012.  She said we need to run up to 60 seats in the Senate.  She proclaimed, “I am in for 2012 to make sure that torch of liberty is not extinguished on our watch.”

She explained after the speech that she meant she’s “in it for 2012” to help beat Obama, it wasn’t an announcement of a presidential run.  She said that she’ll decide in June whether or not to run.  State Senator Kent Sorenson (R-Indianola) is an early supporter, and he said, “I hope she does run.  I think she will.”  Another homeschooling parent that I spoke with said, “she’s the real deal,” but was quick to mention that she like aspects of what each candidate who spoke.

Personally, after listening to Congresswoman Bachmann’s speech I felt that was the first true campaign speech I heard today.  Cain’s was good, but Bachmann’s covered a wider range and you definitely had the feel that she was selling herself to the group.  She does have the potential to do very well among homeschoolers specifically, and evangelicals in particular.

I have the chance to ask her about her 2012 intentions today in a one-to-one exclusive interview, so be sure to check back.

I hope she runs in 2012.

By the way, I think I mentioned before that Michele is into Christian apologetics. It’s not just Francis Schaefffer, she likes Ravi Zacharias, too. She’s a home-schooling apologetics mom!

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Bill Whittle scores the Obama presidency at half-time

This is pretty good.

Here are the promises that Obama made when he was running for president:

  1. Roll back the Bush tax cuts
  2. Repeal the PATRIOT Act
  3. Pass cap-and-trade legislation
  4. Pass an amnesty bill for illegal immigrants
  5. Close the Guantanamo Bay prison
  6. Provide civilian trials for terrorists
  7. Sign the pro-abortion “Freedom of Choice Act”
  8. End warrantless wire-tapping
  9. Limit the influence of lobbyists in Washington
  10. Cut income tax rates for seniors

So how did he do so far? He had the House, the Senate and the Presidency.