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September 27, 2013

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Doug Robertson

One quick note, despite what the polls may say, Ted Cruz cannot run for President. He was born in Canada and has a Canadian birth certificate. This immediately disqualifies him from the office.

Bowman

One quick note, Cruz was born a US citizen which qualifies him as a natural born citizen. Since the context of that phrase was considered confusing the first congress clarified it in the The Naturalization Act of 1790.

The Naturalization Act of 1790 stated that "the children of citizens of the United States that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens". (Act to establish a uniform Rule of Naturalization, 1st Congress, 2nd session, March 26, 1790)

For further background into the matter, from Hamilton in the Federalist Papers #68:

[quote]
Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one querter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the Union? But the convention have guarded against all danger of this sort, with the most provident and judicious attention.[/quote]

Their concern was to block a foreigner from being elected president. Note in contrast that England's law specifically permitted a foreign-born head of state.

Now the question is what method are they using to ensure a foreigner doesn't become president. Digging into the history of the writing of the Constitution:

[Quote]
Article IX, section 1 of Hamilton's draft constitution provided:

"No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States."

On July 25, 1787, John Jay wrote to George Washington, presiding officer of the Convention:

"Permit me to hint, whether it would not be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolve on, any but a natural born Citizen."

While the Committee on Detail originally proposed that the President must be merely a citizen as well as a resident for 21 years, the Committee of Eleven changed "citizen" to "natural born citizen" without recorded explanation after receiving Jay's letter. The Convention accepted the change without further recorded debate.[/quote]


Let me clarify that. Hamilton wanted a qualification for the presidency to be someone who was a citizen since birth and put that in his draft. The Committee on Detail took that out and instead put in the qualification as being a citizen and resident of the US for 21 years. Jay thought that wasn't good enough and wanted it put back like Hamilton had it. He then nagged George Washington to have them change it back. Washington forwarded Jay's letter to the Committee on Detail and they adopted Jay's language (natural born citizen) to accomplish what Jay and Hamilton wanted (US citizen since birth, never been a foreign citizen).

Tom Johnston

Bowman, given that even the most right wing extremists didn't question Obama's mother's citizenship, how can they on the one hand say Obama isn't eligible based on their fantasy of him being born out of the U.S., but somehow it isn't an issue for Ted Cruz?

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