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Cruz And Rubio Are Not Eligible To Be President

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The more novel story this week is the issue of who is a “natural born citizen” eligible under our Constitution to run for, be elected and serve as president of the United States. First raised with regard to the Muslim of the Year in 2008, “eligibility” has reared its head yet again. Long since buried when this requirement was applied to our president – indeed courts have refused to address the issue in several cases I and others filed – not surprisingly it has now taken on public and legal interest now that two white guys, Sens. Ted Cruz and Marco Rubio, both born to only one citizen parent at the time of birth and in the case of Cruz also born in Canada and until recently holding dual citizenship, are in the spotlight of a presidential primary election. As any reader to this column knows, “natural born citizen” is defined thanks to the Supreme Court case of Minor v. Happersett, 88 U.S. 162 (1875) and Emmerich de Vattel’s Law of Nations as a person born in the United States or its territories to two citizen parents. The framers and thus the Supreme Court look to this codified treatise to define crucial terms in the Constitution.

 

Cruz is not a natural born citizen since he was born in Canada to an American mother and a Cuban-Canadian father, and until last year was a dual Canadian-American citizen. In 2014 he conveniently renounced his Canadian citizenship in the nick of time to run for the presidency. Rubio, on the other hand, was born in the states, but his parents were not citizens at the time of his birth. Thus, these Cuban-American senators are technically ineligible to be president.

 

While I really like Cruz and see him as a true patriot – I feel otherwise with regard to Rubio who is in my view a two-faced phony – it is indeed ironic that they would now undergo intense scrutiny by Democrats and some Republicans alike such as Sen. John McCain, who hates Cruz, while our black Muslim president effectively escaped all scrutiny, despite having likely been born in Kenya to only one American parent. We now have confirmation that indeed the concept of affirmative action is embedded in our living Constitution.

 

Donald Trump is of course the current political benefactor of this debate, as Hillary Clinton initially was in 2008 when she ran in the Democratic primary for president against Obama. But the bigger consideration is the reason the framers inserted the “natural born citizen” requirement into the Constitution. Except for the offices of president and vice president, all other references in the Constitution refer only to “citizen.” Thus, there has to be a difference in legal interpretation.

 

The reason is that our framers, most of whom were grandfathered out of the “natural born citizenship” requirement given their recent immigration from England, realized that the newly formed nation would encompass many persons with dual loyalties, those whose families owned land and wealth and had close relatives in the British kingdom. They thus wanted our president and vice president to be one step removed from foreign influences.

 

Until the election and king-like rule of the Shiite Muslim of the Year, the issue of natural born citizen was merely theoretical. But with the favoring of Islam and foreign interests at every turn of his presidency, to the detriment of the United States, we now can see why the framers inserted this into the Constitution.

 

For Sens. Cruz and Rubio, it is too bad they were not also born to black mothers or fathers. If they had been so fortunate, like Shiite Obama, they may have escaped scrutiny. But for these Cuban-American pale faces, their chances to win the Republican nomination for president is likely doomed. By my estimate, there is roughly a third of the Republican electorate which knows and cares enough about the Constitution to cause them to vote for other GOP presidential candidates. And, this makes The Donald the likely winner at this point of the primary season.

 

Written by Larry Klayman.

 

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The post Cruz And Rubio Are Not Eligible To Be President appeared first on Militia News.

 

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