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big_dog

(4,144 posts)
Sat Nov 28, 2015, 09:07 PM Nov 2015

House Dem Threatens To File Suit If Cruz Wins Nomination

Source: The Hill November 28, 2015, 05:40 pm

Rep. Alan Grayson (D-Fla.) says he will file a lawsuit challenging the constitutionality of Sen. Ted Cruz’s (R-Texas) presidential bid if Cruz wins his party’s nomination.

Grayson said Cruz, who was born in Canada to an American mother and a Cuban father, is “unqualified” to be president “because he’s ineligible.” The Supreme Court has never ruled on the meaning of “natural born citizen”

“I’m waiting for the moment that he gets the nomination, and then I will file that beautiful lawsuit saying that he’s unqualified for the job because he’s ineligible,” Grayson said on Fox News Radio’s “The Alan Colmes Show."

“Call me crazy but I think the President of America should be an American." The Constitution’s Natural Born Citizenship Clause states that “no person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”



Read more: http://thehill.com/blogs/blog-briefing-room/news/261424-house-dem-threatens-to-file-suit-if-cruz-wins-nomination

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House Dem Threatens To File Suit If Cruz Wins Nomination (Original Post) big_dog Nov 2015 OP
0% chance of Cruz winning their nomination. nt onehandle Nov 2015 #1
Why? elljay Nov 2015 #2
They are crazy enough, but if he wins the nom I dont want Alan to sue because randys1 Nov 2015 #7
in all seriousness, who could win? AnAzulTexas Nov 2015 #49
Predictwise has him at 14% to get the nomination dsc Nov 2015 #9
It's going to be Rubio. onehandle Nov 2015 #10
I think it will likely be him dsc Nov 2015 #17
Why wait, sue now persuadable Nov 2015 #25
How would that be a constitutional crisis? eggplant Nov 2015 #34
Not at all, and it works into our hands very nicely jmowreader Nov 2015 #59
It is a publicity stunt. former9thward Nov 2015 #72
I agree AgingAmerican Nov 2015 #45
Now, this is the same GOP that screams about Obama bring 'unfit for office' non-stop. forest444 Nov 2015 #3
Except Obama was born in Hawaii, to an American mother passiveporcupine Nov 2015 #44
Absolutely. By "reason" I mean theirs. forest444 Nov 2015 #47
HAHAHAHAHAHA! If Kenyans cannot be President....neither can Cubans slingsam Nov 2015 #4
Hoorah! homegirl Nov 2015 #5
I hate to see our side stoop to the same level Marrah_G Nov 2015 #6
This is different. Obama: born in the U.S.A. Cruz: born in Canada. Chef Eric Nov 2015 #13
Cruz's mother was a Canadian citizen at the time. -none Nov 2015 #14
Are you sure? She was born in Delaware. Chef Eric Nov 2015 #15
Cruz has bee ask to show his birth certificate, but never has. -none Nov 2015 #22
Wrong. Cruz has shown his birth certificate. Chef Eric Nov 2015 #27
His Canadian one SwankyXomb Nov 2015 #55
Exactly -- so one has to wonder where the hell that document is. He's had Nay Nov 2015 #91
Correct ! jaysunb Nov 2015 #18
Incorrect! former9thward Nov 2015 #73
The question of her citizenship is unresolved. n/t jaysunb Nov 2015 #75
No it is not. former9thward Nov 2015 #76
Really ? Where is she ? n/t jaysunb Nov 2015 #78
Who knows or cares? former9thward Nov 2015 #80
I see you don't know, so I'm going to keep asking. N/T jaysunb Nov 2015 #82
Doesn't matter, his mother was a US citizen, therefore he is a US citizen. Marrah_G Nov 2015 #16
Not unless she filed the correct US forms with the Canadian authorities and US Embassy, DhhD Nov 2015 #30
The matter is governed by U.S. law. former9thward Nov 2015 #81
True..... however, there's a big difference between born in Hawaii and born in Canada groundloop Nov 2015 #28
I agree with you on this one davidpdx Nov 2015 #39
I look forward to a Grayson staffer posting here soon enough tammywammy Nov 2015 #48
Me too...but stooping is something Grayson has done before. passiveporcupine Nov 2015 #46
Do It Alan Grayson!! LovingA2andMI Nov 2015 #8
Bush's nomination in 2000......... mrmpa Nov 2015 #11
that one was a much more narrow issue. cheney was clearly eligible for the office unblock Nov 2015 #32
If I'm not mistaken Cruz did not renounce his Canadian Citizenship until he ran for President. Dr. Xavier Nov 2015 #56
The answer to that would have been YES, but he is to young to have been subject to the draft. happyslug Nov 2015 #84
I always figured "natural born" means on U.S. territory.... vkkv Nov 2015 #12
And vaginal delivery. If he was shat, it doesn't count. nt Xipe Totec Nov 2015 #19
. arcane1 Nov 2015 #31
Nope, citizens born to citizens out of the country are still natural born citizens Marrah_G Nov 2015 #20
I am pretty sure this is correct Samantha Nov 2015 #41
At birth, not by birth. Not natural born unc70 Nov 2015 #60
What you write is not the common understanding Jim Lane Nov 2015 #64
Wrong on a couple of points unc70 Nov 2015 #68
I still disagree Jim Lane Nov 2015 #71
The words have never been addressed by the Supreme Court DrToast Nov 2015 #90
No 'in vitro' presidents? Erich Bloodaxe BSN Nov 2015 #29
I think Ted Cruz has a good chance of winning the nomination and no chance of becoming President Jack Rabbit Nov 2015 #21
US law does indeed recognize dual citizenship; I am a citizen of the US and Nay Nov 2015 #38
This will be fun to follow Gothmog Nov 2015 #23
Grayson is ALWAYS houston16revival Nov 2015 #24
Call me crazy, but I think the President of America should not be a smirkymonkey Nov 2015 #26
I agree that is what makes him ineligible. N/T Dr. Xavier Nov 2015 #57
I enjoy irony as much as the next person. Gore1FL Nov 2015 #33
Not for grayson... TipTok Nov 2015 #62
There's a really good chance lordsummerisle Nov 2015 #35
IMO, same issue because he could become POTUS. n/t Hepburn Nov 2015 #66
Perhaps it is time for the SCOTUS to settle this question sadoldgirl Nov 2015 #36
Where is Cruz' mother? No one seems to know, and what of his sisters? appalachiablue Nov 2015 #37
The big question n/t jaysunb Nov 2015 #77
Here is Politifact's take on this Quixote1818 Nov 2015 #40
Oh, that gambit. I thought it was gonna be about Cruz' intention to set up a theocracy... freshwest Nov 2015 #42
So winsome with his Princess Di eyes. (Bleah!) nt tblue37 Nov 2015 #54
Great! I contribute to Grayson because I believe his heart is for the average person. Akamai Nov 2015 #43
This will be perceived as a stunt. Rep. Alan Grayson (D-Fla.) should not file this lawsuit persuadable Nov 2015 #50
I'd like to see it, although the legal challenge will be quickly squashed. Ted Cruz, in all his 4lbs Nov 2015 #51
Act of 1790 was repealed unc70 Nov 2015 #61
It is current federal law. former9thward Nov 2015 #74
No argument Cruz is citizen, just not natural born unc70 Nov 2015 #79
This came up in the 1920s when a woman was elected to the House of Representatives. happyslug Nov 2015 #86
That act only established citizenship, not natural born unc70 Nov 2015 #88
But the decision to seat Ruth Bryan Owen was a ruling that the Common Law rules did not apply happyslug Nov 2015 #89
The Obama birther precedents are that Grayson wouldn't even have standing to sue Jim Lane Nov 2015 #52
+1 onenote Nov 2015 #63
His American mother makes him a citizen if she filed the proper paperwork for him. tblue37 Nov 2015 #53
My understanding is that Canada does not have a formal selective service; Dr. Xavier Nov 2015 #58
This is just too good for words! n/t Hepburn Nov 2015 #65
Two wrongs don't make a right. malthaussen Nov 2015 #67
Great. Birthers of our own. Just what we need. NYC Liberal Nov 2015 #69
I guess it's okay to be a birther now, hughee99 Nov 2015 #70
I think he is just stirring the shit. Grayson likes to do that to assholes. phleshdef Nov 2015 #87
Ugh... Dr Hobbitstein Nov 2015 #83
The problem is the US Supreme Court has long ruled the court that decides that issue is Congress. happyslug Nov 2015 #85

randys1

(16,286 posts)
7. They are crazy enough, but if he wins the nom I dont want Alan to sue because
Sat Nov 28, 2015, 09:20 PM
Nov 2015

even though the GOP steals 5% of the presidential vote in every election, they still cant win with Cruz

Bring it...

AnAzulTexas

(108 posts)
49. in all seriousness, who could win?
Sun Nov 29, 2015, 12:08 AM
Nov 2015

like you said, bring it. i think it would take something like a meteor strike that wipes out 3/4 of the American population for there to be a republican taking the oath on 1/20/17

onehandle

(51,122 posts)
10. It's going to be Rubio.
Sat Nov 28, 2015, 09:28 PM
Nov 2015

Would have been Jeb® if only he hadn't have revealed himself to be the dumber and less charismatic brother.

dsc

(52,163 posts)
17. I think it will likely be him
Sat Nov 28, 2015, 09:43 PM
Nov 2015

unless he really screws up. Kasich has an outside shot if he can take off. But I also think Cruz could do it. He is a very good speaker, he appeals to his base brilliantly, and he has enough billionaire support that he won't get buried money wise.

persuadable

(53 posts)
25. Why wait, sue now
Sat Nov 28, 2015, 10:09 PM
Nov 2015

If Cruz wins their nomination, and then is sued, it will cause a constitutional crisis. We do not need that.

eggplant

(3,911 posts)
34. How would that be a constitutional crisis?
Sat Nov 28, 2015, 10:33 PM
Nov 2015

There isn't anything in there about party nominations. It's not our fault if the Rs nominate someone who is ineligible.

jmowreader

(50,560 posts)
59. Not at all, and it works into our hands very nicely
Sun Nov 29, 2015, 04:58 AM
Nov 2015

It proves the Republicans are so intent on putting America under Jesus-sharia that they're willing to pick a guy who can't legally be president to do it, it forces them to hold a second convention (and since they won't be able to rent a convention center on the spur of the moment, they'll have to do it from hotel ballrooms via satellite linkup), it forces them to use money they'd rather spend lying about the Democratic candidate on this second convention...LOTS of advantages to suing the GOP over nominating a Canadian to be president, few if any disadvantages.

former9thward

(32,025 posts)
72. It is a publicity stunt.
Sun Nov 29, 2015, 02:15 PM
Nov 2015

To get Grayson airtime in his Senate bid. If you are born of a U.S. citizen you are a natural born citizen. That's the law. Goldwater was not born in the U.S. (AZ was a territory at the time). McCain was not born in the U.S. Too bad DUers have now signed up to be birthers.

 

AgingAmerican

(12,958 posts)
45. I agree
Sat Nov 28, 2015, 11:49 PM
Nov 2015

It will be someone who 'appears' to be normal. Like Kasich or Rubio. The loonie toons will weed themselves out by then.

forest444

(5,902 posts)
3. Now, this is the same GOP that screams about Obama bring 'unfit for office' non-stop.
Sat Nov 28, 2015, 09:15 PM
Nov 2015

And for the same reason.

You can't get much more full of it than that.

passiveporcupine

(8,175 posts)
44. Except Obama was born in Hawaii, to an American mother
Sat Nov 28, 2015, 11:49 PM
Nov 2015

Not born in another country to an American mother.

homegirl

(1,429 posts)
5. Hoorah!
Sat Nov 28, 2015, 09:18 PM
Nov 2015

The Birther Movement Lives.

The Teapublicans would not let go of it, now it will bite them in the butt.


Chef Eric

(1,024 posts)
13. This is different. Obama: born in the U.S.A. Cruz: born in Canada.
Sat Nov 28, 2015, 09:32 PM
Nov 2015

The question is, "what is the definition of a natural-born citizen?"

I see no reason why this should not be decided in court.

Nay

(12,051 posts)
91. Exactly -- so one has to wonder where the hell that document is. He's had
Mon Nov 30, 2015, 08:36 PM
Nov 2015

a couple of years to produce it.

jaysunb

(11,856 posts)
18. Correct !
Sat Nov 28, 2015, 09:44 PM
Nov 2015

And he (Cruz) may not even be eligible to serve in the Senate.

I don't like shit, but this has been out there for awhile and has legs...if anyone cares.

former9thward

(32,025 posts)
73. Incorrect!
Sun Nov 29, 2015, 02:23 PM
Nov 2015

Cruz's mother was a U.S. citizen at the time. U.S. law-- 8 U.S. Code § 1401 - Nationals and citizens of United States at birth defines who is a natural born citizen. Cruz meets the qualifications.

Marrah_G

(28,581 posts)
16. Doesn't matter, his mother was a US citizen, therefore he is a US citizen.
Sat Nov 28, 2015, 09:43 PM
Nov 2015

let's not jump on the crazytrain.

DhhD

(4,695 posts)
30. Not unless she filed the correct US forms with the Canadian authorities and US Embassy,
Sat Nov 28, 2015, 10:14 PM
Nov 2015

and on time, as Cruz had a Canadian Birth Certificate.

http://www.uscis.gov/sites/default/files/USCIS/Resources/A4en.pdf
Cruz might be saying:
I was born overseas. I believe I was a U.S. citizen at birth
because one or both my parents were U.S. citizens when I
was born. But my birth and citizenship were not registered
with the U.S. Embassy when I was born. Can I apply to
have my citizenship recognized?
Whether or not someone born outside the United States to a U.S.
citizen parent is a U.S. citizen depends on the law in effect when
the person was born. These laws have changed over the years, but
usually require a combination of the parent being a U.S. citizen when
the child was born, and the parent having lived in the United States
or its possessions for a specific period of time. Derivative citizenship
can be quite complex and may require careful legal analysis.

former9thward

(32,025 posts)
81. The matter is governed by U.S. law.
Sun Nov 29, 2015, 02:58 PM
Nov 2015
8 U.S. Code § 1401 - Nationals and citizens of United States at birth which says nothing about filing forms.

davidpdx

(22,000 posts)
39. I agree with you on this one
Sat Nov 28, 2015, 10:59 PM
Nov 2015

I suspect though this is one of Grayson's grandstands to fund-raise. Cruz is a long shot just like Bush at this point. If neither of them place (1st, 2nd, 3rd) in a primary by March 1st they are both burnt toast.

tammywammy

(26,582 posts)
48. I look forward to a Grayson staffer posting here soon enough
Sat Nov 28, 2015, 11:58 PM
Nov 2015

Fundraising and stopping Cruz with lots of blue links to donate.

mrmpa

(4,033 posts)
11. Bush's nomination in 2000.........
Sat Nov 28, 2015, 09:30 PM
Nov 2015

and his naming of Cheney, brought up the issue of what was the domicile of Cheney. Because the President & Vice President are not to be residents of the same state. Both were from Texas.

The issue went to Federal Court where Cheney claimed he was a resident of Wyoming (didn't matter that he didn't conduct business from there & only visited for vacations), the court ruled that he was domiciled in Wyoming.

In regard to Cruz, he only renounced his Canadian citizenship when he was elected Senator. Is he a natural born citizen? I don't think, if way into his adulthood he claimed allegiance to Canada, no way is he a natural born citizen.

unblock

(52,253 posts)
32. that one was a much more narrow issue. cheney was clearly eligible for the office
Sat Nov 28, 2015, 10:23 PM
Nov 2015

the only problem was the constitution (12th amendment) barred, in this case, texas electors from voting for both a president and a vice-president from their own state. had the courts agreed that cheney was a texas resident, then shrub would still have won the presidency, and the texas electors would have abstained to vote for a vice-president.

this would have thrown the vice-presidential election into the senate, as no candidate would have had a majority of electors. in theory, they could have voted lieberman in, but i doubt that the democrats in the senate would have decided it was in the country's interest to have a democratic vice-president under a republican president. my strong hunch is that they would have voted to let cheney be vice-president anyway. the 12th amendment, after all, was designed in part to prevent such results.

Dr. Xavier

(278 posts)
56. If I'm not mistaken Cruz did not renounce his Canadian Citizenship until he ran for President.
Sun Nov 29, 2015, 04:07 AM
Nov 2015

Does Canada have Selective Service Registration, because if it does I am curious to find out if he had to register for two drafts?

 

happyslug

(14,779 posts)
84. The answer to that would have been YES, but he is to young to have been subject to the draft.
Mon Nov 30, 2015, 12:48 AM
Nov 2015

Last edited Mon Nov 30, 2015, 03:23 AM - Edit history (1)

I had a professor in Collage who had also been a US Army Colonel. He came from money, the top 10% of Americans not the top 1% but money. In 1939 he and a friend made a trip to Europe, when they arrived in Germany, the Germans found out his friend's parents had been born in Germany and that made him a German Citizen even though he had been born in the USA. The friend ended up serving six years in the German Army and when he was able to return to the US, his local draft board had him arrested for NOT registering for the US Draft (as a US male US Citizen he had to registered, the fact he was serving in the German Army did not relieve him of that duty. The Court ruled he has good cause NOT to register during WWII but told him he had to register once he returned to the US.

His US Citizenship did NOT exclude him from the German Draft of all German Citizens. Under German Law he was still a German Citizen, even though he was also a native born US Citizen. As a US Citizen, the fact he was in the German Army did not relieve him of his duty as a US Citizen to register for the draft.

Each country define their Citizens differently. Germany, during WWII, defined its Citizens not only by birth within Germany but by German descent (The exact rule I do not know, but in the 1990s Germans, who had been living in Russia since Peter the Great c1700, were permitted to migrant to Germany on the grounds they were German Citizens. I do NOT know if that is still the law in Germany but it appears Germany has embrace birth within Germany as native born Citizenship). Please note, during the 1930s and WWII, people who had been born in Germany but were of Jewish descent were ruled NOT to be German Citizens even through they families had been in Germany for Centuries. This is NOT longer the rule in Germany but I point it out as an example of Countries defining Citizenship on Nationality NOT birth within their borders.

Mexico, is another country that define anyone of Mexican Descent to be a Mexican Citizen, In 1998 Mexico clarified the law to include children born overseas to Mexican Citizens but NOT to those Parent's Grandchildren if such Grandchildren were born overseas and the parents of those Grandchildren NEVER returned to Mexico. Thus in many ways Mexican extraction includes Mexican Citizenship (and German extraction includes German Citizenship).

Many countries use Nationality as grounds for Citizenship as opposed to being born in the country, some countries use both. Who uses what method varies from country to country and thus it is possible to be a Citizen of more than one country at a time. Many countries have passed laws saying you can only be a citizen of their country, but such laws only apply while you are in that country, once in another country, the laws of that country apply.

It is possible for Cruz to be a Citizen of three Nations, the US, for his Father was a Naturalized US Citizen, Canada, for he was born in Canada, and Cuba for he is of Cuban descent. This happens more often then we like to think. Peru elected a native born President in the 1990s of Japanese Extraction. Once he had served his term, he ran off to Japan to escape some criminal charges. Being of Japanese extraction, he was ruled to be a Citizen of Japan even through he had never step foot in Japan prior to running off to Japan to escape the Criminal Charges. Thus he had dual Citizenship, Peruvian and Japanese.

This seems to be the dominate rule world wide, you are a Citizen of the Country your parents lived in (Provided they were the dominant Nationality in that region) AND you are also a Citizen of the country you were born in. This is true even if you do NOT know you are a Citizen of more then one nation. Please note, many nations use Paternal rules, other use Maternal rules. Some nations requires BOTH parents to be of their Nationality, each county have their own rules, you will have to look them up yourself if you want to see what countries you MAY be a Citizen of).

In recent decades the move has been away from Nationality to birth within the Nation-State world wide.

Latvia and Estonia show the other side of the rules of Citizenship. In both nations unless you can show you are of Latvian nationality in Latvia (Or Estonian in Estonia), you have to show your parents lived in Latvia (or Estonia) before 1939. If you do NOT meet those two rules, you are viewed as a 'Stateless' Person within those two nations. The fact your great grandparents, grandparents, parents and yourself were born in Latvia or Estonia is unimportant. Mere birth in those two nations does NOT give you citizenship. This has been the main cause of stress between Estonia and Latvia when it comes to their relationship with Russia, for up to a 1/3 of each nation consist of people of Russian (or other non Latvian or Estonian) descent AND most can trace their families to people who moved to Latvia and Estonia since 1939. These people are permitted to stay in Estonia and Latvia, but are NOT permitted to vote and have other restrictions imposed on them as being 'Legal" but NOT immigrants nor citizens.

Side Note; These non-citizens are given 'Non-Citizen' passport when they need to go abroad. These mostly Russian Speakers tend to live in the Urban Areas, through you do see many in the border areas with Russia. Most of Rural Latvia and Estonia is Latvian or Estonian except right at the border. This is the result of a deliberate policy of the old Soviet Union. The leaders of both countries say they impose such restrictions on citizenship to undo the 'harm' done by the Soviet Union between 1939 and 1989, when immigration of Russians were encouraged in both Countries, where they tended to be in position of authority in both countries. Thus both countries could not kick them out in the early 1990s, for their countries would cease to function, but they did not want to give them citizenship either, thus the present non-citizenship of such people in both countries.

Please note the third Baltic Nation, Lithuania, while it does have the same rules as Estonia and Latvia (i.e. birth within its border does NOT create Citizenship) it has NOT cause the problems the same law in Estonia and Latvia have caused. The reason for this there are very few Russians who moved into Lithuania between 1939 and 1989, thus no need to deny any Russians in Lithuania citizenship. The main reason for this is in all three Baltic Nations, the Soviet Union encouraged Russians to go to the major port cities of each country. Tallinn is the major Port of Estonia and even today 36% of its population are of Russian Nationality and only 54% of the people of Tallinn are of Estonia nationaility:

https://en.wikipedia.org/wiki/Tallinn#Ethnic_groups

https://en.wikipedia.org/wiki/Languages_of_Estonia

Only 62% of residents of Latvia are Latvians, 29% are Russian;

https://en.wikipedia.org/wiki/Latvia#Ethnic_groups

Latvia's Capital, Riga, has only 49% of its population being Latvians, 37% of the population is Russian. Riga had been the main base of the Imperial Russian Fleet from its conquest from Sweden in 1710 till the Russian Revolution in 1917.

https://en.wikipedia.org/wiki/Riga#Historic_population_figures

12% of the population of Latvia are "Stateless' i.e. they are citizens of no nation. These are mostly Ethnic Russians whose ancestor moved to Latvia post 1939. They have been 'Stateless' since 1991:

https://en.wikipedia.org/wiki/Non-citizens_(Latvia)

Estonia is during a little better, only 7% of its population are 'Stateless' i.e. not a Citizen of any nation, and like Latvia these are ethnic Russians who have lived in Estonia for decades;

http://www.globalsecurity.org/military/world/europe/et-people-russians.htm



http://www.globalsecurity.org/military/world/europe/et-people-russians.htm

I bring this up for Russians who can show residents prior to 1939 are citizens of Estonia and Latvia. Russians have lived in both countries since 1710 when it taken by Russia from Sweden.

Lithuania did not have a major port, it either used Riga or what is today Kaliningrad. Thus no major port in Lithuania, and no massive encouragement of Russian immigration into Lithuania post WWII. Thus Lithuania is 84% Lithuanian with both 6% minorities of both Russians and Poles (and most of this is in rural areas bordering Russia and Poland). Thus Lithuania, while as fearful of the Russians as Latvia and Estonia, do not have any where near the number of native born Russians within their own borders.

https://en.wikipedia.org/wiki/Lithuania#Ethnic_groups

Since the numbers of Russians are so small in Lithuania, giving them Citizenship has never been a political problem in Lithuania. The old Soviet Union valued Riga in Latvia, Tallinn in Estonia, at the same level as Kaliningrad. Thus all three cities saw massive Russian Immigration is the post WWII era. This Soviet policy of sending Russians to live in these three cities, reduced the percentage of Natives in Latvia and Estonia but NOT Lithuania for Kaliningrad was NOT in Lithuania. Thus Lithuania has less then 4000 'stateless People' as oppose to the 400,000 'stateless people' in Estonia and Latvia.

This difference in what was considered part of Latvia (including Riga), Estonia (including Tallinn) and Lithuania (NOT including Kaliningrad) lead to the small number of Russians in Post Soviet Lithuania. Thus Lithuania did not have to disenfranchise it Russians speakers to make sure ethnic Lithuanians would stay in control of Lithuania.

The much higher Russian population in Riga and Tallinn and other urban areas of Latvia and Estonia was the reason such population were denied the right to vote (and that right to vote is still denied to them). I bring this up to show an example of someone NOT having the right to vote in the country of his or her birth do to the fact they are NOT considered 'Citizens' of that Nation-State. Such people are called "Stateless People" in all three nations

Please note, Latvia, Estonia and Lithuania all claim that the reason for these "Stateless" people is the fault of Russia. They see today's Russian Republic as the successor state of the Soviet Union and that the Soviet Union had 'Occupied' their country and under international law such occupying country can NOT transfer population to the country their are occupying and thus these 'Stateless people' should all move to Russia. i.e. these non-Baltic people are the product of 'Russian' Occupation and thus illegal and these people are NOT their citizens.

Russia denies it occupied the three Baltic Nations, instead all three agreed to join the Soviet Union. Russia notes they were elections on that decision. The Baltic leadership said those decisions were forced on them by the Soviet Union and thus invalid. This is complicated by the fact most of the Russians want to stay in the Baltics and the Baltics want them to stay but do not want them to have a political say, thus the Baltics Countries all like the present Stateless positions of these Ethnic Russians.

Now, Russia has a policy that any former citizen of the Soviet Union, no matter where they are living today, can became Citizens of Russia by moving into the Russian Republic. This has been used by the Baltic States as another justification to deny these Russian ethnics citizenship, all they have to do is go to Russia and get citizenship (The problem is under Russian Law, so can ANYONE who lived in the Baltic states in the days of the Soviet Union, including all of the Ethnic Lithuanians, Latvians and Estonians in addition to the Russians ethnics living in the Baltics).

The problem is all of the Ethnic Russians tend to have family and business relationship in the Baltic Nations. To move mean to lose all they have, and these Russian Ethnics do NOT want to lose what they have. Thus the problem of these "Stateless people' have lingered for 20 years. It is being resolved in Lithuania, but the Russian Ethnics in Lithuania being just 6%, it is a minor problem in Lithuania. That is NOT true of Estonia or Latvia, in both countries you are talking about 1/3 of the country being Ethnic Russia and even under the above rules, many have moved to being Citizens since they can show living in the Baltics since BEFORE 1939. The problem is the high percentage of these 'stateless people' in both countries. Both Estonia and Latvia do not want to give them the right to vote for that mean increase support for the pro Russian parties in both countries. Thus this problem festers and until both counties decide to do what Lithuania has done it will continue to fester.

Sorry about the rant, but the problems of these stateless people have to be resolved, but no one wants to resolve it;

More on Stateless people:

http://www.unhcr.org/5231d3109.html

 

vkkv

(3,384 posts)
12. I always figured "natural born" means on U.S. territory....
Sat Nov 28, 2015, 09:30 PM
Nov 2015

without preservatives, growth hormones...



Marrah_G

(28,581 posts)
20. Nope, citizens born to citizens out of the country are still natural born citizens
Sat Nov 28, 2015, 09:46 PM
Nov 2015

"The consensus of early 21st-century constitutional and legal scholarship, together with relevant case law, is that "natural born" comprises all people born subject to the jurisdiction of the United States, including, generally, those born in the United States, those born to U.S. citizen parents in foreign countries, and those born in other situations meeting the legal requirements for U.S. citizenship "at birth."[2]"

Samantha

(9,314 posts)
41. I am pretty sure this is correct
Sat Nov 28, 2015, 11:29 PM
Nov 2015

American citizens who are out of the Country when they have a child have automatic citizenship for the child. Sometimes, the child carries a dual citizenship.

Some time ago, it was reported Cruz was going to renounce his Canadian citizenship, so I believe he had both. Not sure if he ever followed up with the paperwork for renouncing his Canadian citizenship.

Sam

unc70

(6,115 posts)
60. At birth, not by birth. Not natural born
Sun Nov 29, 2015, 08:43 AM
Nov 2015

The Constitution describes only one type of citizen -- born in the USA, without regard for parents. The only way to have anyone be natural born.

The Constitution also provides authority for Congress to enact uniform rules for naturalization. It is through these naturalization laws that currently children of citizens are usually granted citizenship. The rules citizenship under naturalization authority have been changed multiple times.

 

Jim Lane

(11,175 posts)
64. What you write is not the common understanding
Sun Nov 29, 2015, 11:24 AM
Nov 2015

You write:

The Constitution describes only one type of citizen -- born in the USA, without regard for parents. The only way to have anyone be natural born.


You're referring to the citizenship-by-birth provision, but it's part of the Fourteenth Amendment, ratified more than half a century after the adoption of the Constitution (with its natural-born citizen requirement). If your reading were correct, that no one is eligible except people who are citizens by virtue of the Constitution, then Abraham Lincoln wouldn't have been eligible. At no time during his life was there anything in the Constitution that made him a citizen.

You also write:

It is through these naturalization laws that currently children of citizens are usually granted citizenship.


Naturalization is a process gone through by people who were not citizens when born. The term "naturalization" is not commonly used with regard to people who have citizenship at birth by virtue of the citizenship of their parent(s). For those people, there is a form that the parents can file with the U.S. embassy or consulate, but it merely serves as evidence of the birth. The filing isn't necessary to confer citizenship.

unc70

(6,115 posts)
68. Wrong on a couple of points
Sun Nov 29, 2015, 12:28 PM
Nov 2015

First, the Constitution obviously provided for natural born citizenship before the 14th amendment. Those born in the territory.

As you say, the term naturalization is usually used for those who immigrate and go through a lengthy naturalization process. But all the rules for children of citizens, etc. are derived as part of the uniform rules for naturalization. There has been a major effort to obscure this by bringing up irrelevant issues like British common law, which had been explicitly rejected during drafting.

 

Jim Lane

(11,175 posts)
71. I still disagree
Sun Nov 29, 2015, 01:15 PM
Nov 2015

If the Constitution had “obviously” provided that everyone born in the territory would be a citizen, then native-born blacks would have been citizens. The slaves obviously weren’t treated as citizens, and I think that in many states even free blacks weren’t accorded the rights of citizens, such as voting. That’s precisely why the issue was addressed in the Fourteenth Amendment.

You then write:

But all the rules for children of citizens, etc. are derived as part of the uniform rules for naturalization.


That’s not accurate. The two processes are different.

First, it’s not the case that the rules are the same.
Citizenship: Cruz was a citizen if his mother was a citizen and had lived in the United States for the requisite time period. Those are the only factual issues that would have to be resolved to determine his citizenship.
Naturalization: The applicant’s parents’ citizenship and residence don’t matter. Other things, however, do matter, such as certain forms of bad conduct. Cruz or his mother could have been convicted of a terrorist bombing and he’d still be a citizen, but his noncitizen coconspirators would be denied naturalization.

Second, aside from the substantive rules, the process is different. A noncitizen must apply for naturalization. Citizenship by birth (including birth abroad under the right circumstances) is automatic. As I mentioned, there’s a registration procedure, but I’m pretty sure it’s just evidentiary. A child born abroad who is a citizen at birth by virtue of one parent’s citizenship doesn’t lose that citizenship merely because the parents (like Cruz’s) don’t bother to register the birth with the embassy or consulate.

This issue was kicked around in 1968, when George Romney (born in Mexico) sought the Republican nomination. See "How Mitt Romney's Mexican-Born Father Was Eligible to be President" for a discussion. It includes this passage:

It is clear that naturalized citizens cannot qualify for the office of president, but there is no clarification in the U.S. Constitution pertaining to people born to U.S. citizens in a foreign country, and there is no definition of a "natural-born citizen." Some experts have challenged the idea that foreign-born children of U.S. citizens are "natural-born" because citizenship is conferred upon them after birth.

A Congressional Research Service report published in November {of 2011} comes closest to answering that question.

"There have been legitimate legal issues raised concerning those born outside of the country to U.S. citizens," the report states. "The weight of legal and historical authority indicates that the term 'natural born' citizen would mean a person who is entitled to U.S. citizenship 'by birth' or 'at birth,' either by being born 'in' the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship 'at birth.'"


The CRS report linked in that article goes into much more detail.

DrToast

(6,414 posts)
90. The words have never been addressed by the Supreme Court
Mon Nov 30, 2015, 07:27 PM
Nov 2015

As the article mentions. Even the quote you gave indicates that it's based on the opinions of constitutional scholars and not from the Court.

Jack Rabbit

(45,984 posts)
21. I think Ted Cruz has a good chance of winning the nomination and no chance of becoming President
Sat Nov 28, 2015, 09:51 PM
Nov 2015

Most important to the point, he is an American citizen and Mr. Grayson should not waste his time or ours. Although Mr. Cruz was born in in Calgary, Alberta, his mother is from Delaware, which normally is enough for him to claim American citizenship. Mr. Cruz also held dual citizenship as a Canadian. He renounced his Canadian citizenship in 2014, but I don't think that was necessary since US law does not recognize dual citizenship and therefore has never considered Mr. Cruz to have been a Canadian citizen.

Although it is sometimes embarrassing admit it, Mr. Cruz is no less an American than I.

Nay

(12,051 posts)
38. US law does indeed recognize dual citizenship; I am a citizen of the US and
Sat Nov 28, 2015, 10:52 PM
Nov 2015

also of Canada. That law was changed in 1967.

 

smirkymonkey

(63,221 posts)
26. Call me crazy, but I think the President of America should not be a
Sat Nov 28, 2015, 10:09 PM
Nov 2015

bat-shit crazy Christian fundie lunatic. Sorry.

sadoldgirl

(3,431 posts)
36. Perhaps it is time for the SCOTUS to settle this question
Sat Nov 28, 2015, 10:49 PM
Nov 2015

once and for all. It has been lurking for too long.

And, unfortunately, I think it may be Cruz in the end.
He has the evangelical blessings as well as the bankers'
one. That is a strong combination for the base. Don't
underestimate his brains, I would say.

freshwest

(53,661 posts)
42. Oh, that gambit. I thought it was gonna be about Cruz' intention to set up a theocracy...
Sat Nov 28, 2015, 11:30 PM
Nov 2015

Last edited Sat Dec 26, 2015, 01:57 PM - Edit history (1)

But keep on, Alan. No one can trash Cruz too much.

If there really is an anti-Christ, it's Ted:



Lyin' and lovin' it. That guy is twisted.

 

Akamai

(1,779 posts)
43. Great! I contribute to Grayson because I believe his heart is for the average person.
Sat Nov 28, 2015, 11:48 PM
Nov 2015

Also, Grayson, a Harvard trained lawyer and an economist knows what incredible harm Republicans have done to our future and the futures of our kids.

Go Alan! He is a real progressive populist and should be supported by all progressives!

persuadable

(53 posts)
50. This will be perceived as a stunt. Rep. Alan Grayson (D-Fla.) should not file this lawsuit
Sun Nov 29, 2015, 12:30 AM
Nov 2015

challenging the constitutionality of Sen. Ted Cruz’s (R-Texas) presidential bid if Cruz wins his party’s nomination. Any suit to determine if he is “unqualified” to be president should be filed now before he receives the nomination. Otherwise the GE will be muddied and give rise to a Constitutional crisis.

4lbs

(6,858 posts)
51. I'd like to see it, although the legal challenge will be quickly squashed. Ted Cruz, in all his
Sun Nov 29, 2015, 12:49 AM
Nov 2015

craziness is eligible to be President (shuddering at the thought).

http://www.politifact.com/truth-o-meter/article/2015/mar/26/ted-cruz-born-canada-eligible-run-president-update/


What does it mean to be a "natural born citizen"?


Most legal experts contend it means someone is a citizen from birth and doesn’t have to go through a naturalization process to become a citizen.

If that’s the definition, then Cruz is a natural born citizen by being born to an American mother and having her citizenship at birth. The Congressional Research Service, the agency tasked with providing authoritative research to all members of Congress, published a report after the 2008 election supporting the thinking that "natural born" citizenship means citizenship held "at birth."


There are many legal and historical precedents to strongly back up this argument, experts have said.

Those precedents were the subject of a recent op-ed in the Harvard Law Review by two former solicitor generals of opposing parties, Neal Katyal and Paul Clement, who worked for Presidents Barack Obama and George W. Bush, respectively. They wrote that "natural born" had a longstanding definition dating back to colonial times.

British common law recognized that children born outside of the British Empire remained subjects, and were described by law as "natural born," Katyal and Clement wrote.

"The framers, of course, would have been intimately familiar with these statutes and the way they used terms like ‘natural born,’ since the (British) statutes were binding law in the colonies before the Revolutionary War,’" they said.

Additionally, the first Congress of the United States passed the Naturalization Act of 1790, just three years after the Constitution was written, which stated that children born abroad to U.S. citizens were, too, natural born citizens. Many members of the inaugural Congress were also authors of the Constitution.

unc70

(6,115 posts)
61. Act of 1790 was repealed
Sun Nov 29, 2015, 08:50 AM
Nov 2015

The Act of 1790 was repealed in 1795 was repealed in 1795. The term natural born has not been used in any law since then. This is a strong argument that natural born means born in the territory, and only that.

former9thward

(32,025 posts)
74. It is current federal law.
Sun Nov 29, 2015, 02:25 PM
Nov 2015
8 U.S. Code § 1401 - Nationals and citizens of United States at birth

There is no argument at all. Cruz meets the qualifications.
 

happyslug

(14,779 posts)
86. This came up in the 1920s when a woman was elected to the House of Representatives.
Mon Nov 30, 2015, 01:33 AM
Nov 2015

Last edited Mon Nov 30, 2015, 04:24 AM - Edit history (1)

The problem that Woman was the daughter of three time Democratic Candidate for President William Jennings Bryan. She had been born in the USA, but during WWI had married an English Subject. Upon returning to the US, she and her husband went through naturalization procedures but the five year requirement for a Naturalized citizen to be elected to Congress had not run when she won the office. Thus Congress had to decided if she was a Natural born US Citizen, for that was the only grounds she had to be a member of the House of Representatives given she had NOT been five years a 'Naturalized American Citizen'.

This was a GOP controlled Congress deciding that a Woman elected from an overwhelming Democratic Congressional District could NOT sit as a Member of Congress on the grounds she lost her Native born Citizenship upon marriage to an Englishman while serving the US during WWI. If Congress voted she was NOT a Native Born American Citizen, the District would STILL go Democratic in the next election and the GOP would be blame for fighting against woman's rights. If they voted she NEVER lost her citizenship, she would take her seat, then they had another Democratic Vote in the House (and would be a change in the English Common Law rule on Citizenship). Seeing voting to seat her was the lesser of two evils, they ruled that the common law rule that a woman lost her citizenship upon marriage to a foreigner was NOT the law in the US. She took her seat in the House of Representatives.

This was a HEADACHE for BOTH parties, thus the push to define who was a US Citizen in the 1920s. That is when the definition of US Citizen as seen in the US Code was adopted. A Native Born citizen is anyone born in the US or to a US Citizen temporarily overseas (the Act also defined First Americans as US Native born Citizens saying the term 'Not Taxed' no longer applied to any First Americans for all of them were subject to US Taxation). This includes a child of any US Citizen. Such a Child MUST show that a US Citizen was their parent, illegitimacy was NOT grounds to be denied Citizenship (Through denouncement of Citizenship by the US Parent before conception is grounds to rule the child is NOT a US Citizen).

Thus the fact Cruz was born in Canada to an American Citizen is sufficient to make him a 'Native Born US Citizenship'. His father NEVER denounced his US Citizenship and thus Cruz is a 'Native born Citizen' as that is defined by US Law.

Sidenote; The reason for the Natural born Citizen requirement appears to be a protection against what was happening in Poland in the 1700s. Poland was an elected monarchy, i.e. at the death of any King, an election was held on who would be the next king. This invited all types of people to 'run' for the job, mostly lesser royalty of foreign nations. The Kings of Prussia, Kings of Austria, the Kings of Sweden, the Czar of Russia would all support various people to be elected King. France and England would also get involved but more behind the scene then the above four nations. In the case of Poland, the tendency was to support various non native princes to be King. Once elected, these Kings tended to favor the countries that supported their election NOT Poland. Thus the Native born Requirement was aimed at avoiding foreign influence on who would be elected President. Domestic Politics have been a bigger factor in our elections since 1787 but foreign buying of a President was what the founding fathers wanted to minimize with the rule that the President MUST be Native Born. Cruz being elected President will NOT subject the US to foreign powers and thus his citizenship status has nothing to do with the concerns of the founding fathers when the rule that any President be Native Born only. There are many GOOD reasons not to vote for him but his US Native Born Citizenship is NOT one of them.

unc70

(6,115 posts)
88. That act only established citizenship, not natural born
Mon Nov 30, 2015, 06:36 AM
Nov 2015

The act you reference did not bestow nor define natural born citizenship. The Act of 1790 is the only use of the term "natural born" in any GS law under the Constitution, including those on naturalization. The Natualization Act of 1795 explicitly repealed the Act of 1790 and does not use the term natural born.

If you want to wade into the citizenship swamp, you really need this reference:

http://law.justia.com/constitution/us/article-1/35-naturalization-and-citizenship.html

We have discussed all these issues multiple times here at DU. Here is fairly detailed discussion from 2012 that might also help.

http://www.democraticunderground.com/1002459927

 

happyslug

(14,779 posts)
89. But the decision to seat Ruth Bryan Owen was a ruling that the Common Law rules did not apply
Mon Nov 30, 2015, 07:00 PM
Nov 2015
https://en.wikipedia.org/wiki/Ruth_Bryan_Owen

The House ruled that a woman did not LOSE her citizenship upon marriage to a foreigner. Thus she was ruled to be a 'Native Born' Citizen. Since the Common Law rule had been a woman loses her own Citizenship and gains her husband's upon marriage, this was a fundamental rewrite of US Citizenship law by the House acting as the finding of law (acting as a JUDGE not as a legislative Body). The Judicial branch took notice of that 'ruling' and have adopted it as US Law.

Remember the law is NOT restricted to what Congress has passed, but what the Courts have rule to be the law. Ruth Bryan Owen's seating is an example of Congress acting as a Judge in finding what the law is and that decision is now part of the 'Common Law' of Citizenship, as if a Judge had made the finding of law.
 

Jim Lane

(11,175 posts)
52. The Obama birther precedents are that Grayson wouldn't even have standing to sue
Sun Nov 29, 2015, 02:03 AM
Nov 2015

IIRC, of the numerous suits brought by Orly Taitz and others, not one resulted in a judicial holding that Obama was eligible to be President. The reason is that the judges ruled instead that the various plaintiffs lacked standing to sue. The cases were therefore dismissed without a decision on the merits.

If I'd been the judge, I would've thrown them out for a different reason: the political question doctrine. The Constitution says that Congress counts the electoral votes. To me, that means that decisions about eligibility are confided to Congress to decide.

IF the case were to get far enough to consider Cruz's citizenship, I think it's pretty clear that he's eligible to be President. I just don't see how Grayson would even get that far, given that the suits challenging Obama didn't get that far.

onenote

(42,714 posts)
63. +1
Sun Nov 29, 2015, 10:35 AM
Nov 2015

The precedents on standing would make a suit brought by Grayson every bit as frivolous as the suits brought by the birthers.

It's a grandstanding stunt and a dumb one at that.

tblue37

(65,408 posts)
53. His American mother makes him a citizen if she filed the proper paperwork for him.
Sun Nov 29, 2015, 02:19 AM
Nov 2015

We don't need to become crazy birthers.

Dr. Xavier

(278 posts)
58. My understanding is that Canada does not have a formal selective service;
Sun Nov 29, 2015, 04:13 AM
Nov 2015

however, if there's a war, they can (and will) you up. So all we have to do is ask Ted if he signed up for the draft in the US, if he did and Canada were to call him up, he would have to serve there. That's the problem with dual citizenship and that is what we have to guard against.

 

happyslug

(14,779 posts)
85. The problem is the US Supreme Court has long ruled the court that decides that issue is Congress.
Mon Nov 30, 2015, 12:59 AM
Nov 2015

It is CONGRESS where the votes in the Electoral College are counted. Since that election is NOT a secret election we know how the vote will come out weeks before the actual count.

Once the official count is done, then and only then can any claim that the election was fraudulent or invalid can be brought up. Under the rules of the US Congress, when the vote is taken, it was be objected to by one member of both houses. In 2000, a handful of Members of the House of Representatives tried to bring up the problems of the elections but not a single Senator joined them. Under the rules of Congress that meet that the Complaint was dismissed. The courts have long held that election is to be contested it must be contested to Congress first. If Congress decides no merit to the Complaint, the court will uphold what Congress had decided.

Thus a Senator saying he will contest the nomination is meaningless. The time to contest the citizenship of a Presidential Candidate is after the official counting of the Electoral College. The Courts will uphold what ever finding of fact Congress made, including that a claim had no merit to even be heard. i.e. if this Senator does make this claim but no members of the House joins him, the complaint will be dismissed.

This is like acknowledging when an Amendment to the Constitution has been ratified by the required number of states, the Courts have long rule that finding of fact is up to Congress and if Congress says the Amendment had been ratified, the Courts will NOT overturn that ruling.

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