• Julie Hesson

    Supposedly, Ted Cruz was born in Canada. If so, he is Constitutionally ineligible to become POTUS, not having been born on U.S. soil. And wasn’t that the basis for all the Obama birther nonsense?

    • Joe_JP

      Simply being born in Canada doesn’t make you constitutionally ineligible. The birthers use various arguments, so they probably will find some difference.

      • Julie Hesson

        According to Wikipedia, the POTUS must be a natural born U.S. citizen – see “Qualifications,” below. Since Ted Cruz was obviously NOT a citizen at the time of the adoption of the Constitution on 17 Sep 1787, his Canadian birth clearly disqualifies him from holding the office of POTUS. The 14-year residency exception in the “Qualifications” paragraph was a reference to Alexander Hamilton.

        Main article: Article Two of the United States Constitution

        See also: wikisource:Constitution of the United States of America#Article II

        Article II, Section 1 creates the presidency. The section vests the executive power in a President. The President and Vice President serve identical four-year terms. This section originally set the method of electing the President and Vice President, but this method has been superseded by the Twelfth Amendment.

        Qualifications: The President must be a natural born citizen of the United States or a citizen at the time of the adoption of the Constitution, at least 35 years old and a resident of the United States for at least 14 years.[27]

        • Joe_JP

          My reply isn’t here any more.

          The test here is being a natural born citizen, not just being born on U.S. soil. Obama was born on U.S. soil, so it’s easy. But, if we pretend he wasn’t, it would depend on his parents (or parent), who would have to be a citizen for time period required under then current law at the time of their birth (thus, they would be “naturally born” — citizens at birth). Obama’s mom appears not have been, but Cruz’s mom was.

          Birthers at times use a variety of crafty arguments, so the pie can be split any number of ways, but using reasonable arguments, Cruz is most probably a natural born citizen for purposes of the Constitution.

          • Julie Hesson

            Obama’s mother, Stanley Ann Dunham, was born (1942-11-29)November 29, 1942, at Wichita, Kansas. Both of her parents were born in Kansas, which makes Obama’s maternal ancestry thoroughly American, for POTUS qualification. Cruz certainly does not qualify.

          • Joe_JP

            First, to repeat, Obama is obviously a U.S. citizen. He was born in Hawaii.

            Let’s pretend he was born outside the U.S. Given the law at the time, it appears that at least one of his parents would have to be a citizen and reside in the U.S. for at least ten years, five spent after the person is 16. Being 18 at the time of his birth, she might not have met this test. Her “thoroughly American ancestry” isn’t the test there.

            Ted Cruz’s mother was an American citizen at the time of his birth. She went to Rice in the 1950s. He was born in 1970. I think the rules in place when Obama was born changed by then, but either way, she would have meant the residency requirement to make Ted Cruz natural born — she was an American citizen, so by law, he was too thru her. Even being born in Canada.

            To repeat myself, birthers have a lot of conspiracy theories, so they could figure out a way to hairsplit like the best of them, but reasonably looking at the rules, Cruz is a natural born citizen.

          • Julie Hesson

            Why “pretend” anything? The fact is, Obama’s mother never left the U.S. until 3 months before she turned 25, thus covering the “16 + 5″ years test. So – why do you think Cruz is just as qualified to be POTUS? He may have been “natural born,” but he was not “native born,” meaning he was not born in the United States, nor was he born on U.S. possession soil, such as an embassy or a U.S. military base, as was John McCain.

          • Joe_JP

            Obama has to be “natural born” — so he has to be born on U.S. soil (and military bases etc. probably count) [and he obviously was] OR at least one of his parents would have had to be a citizen that met the rules at the time. At the time, his mother had to spend a set number of years after she were 16. She was 18 when he was born. IF he was not born in the U.S., that might not have been enough time. Okay?

            Cruz was born in Canada, but his mother was a citizen for the number of years required under law at the time of his birth. So, Cruz was “naturally born” a citizen. He doesn’t have to be “native born.” Why is that an issue? Are you adding new requirements not there?

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