Tuesday, January 12, 2016

Ted Cruz' Former Harvard Law Professor Agrees His Eligibility Is "Murky" And "Unsettled"

Ted Cruz' former constitutional law professor at Harvard, Laurence Tribe, isn't holding any punches about his constitutional eligibility to serve as president. Rafael "Ted" Cruz was born in Calgary, Canada to a U.S. citizen mother and a Cuban father who became a Canadian citizen while living there. Only natural born citizens are eligible to serve as president. It's not questioned that Cruz' mother transmitted citizenship to him at the time of his birth by virtue of an act passed by Congress, but it's less than clear that a child born in another country with dual citizenship would ever qualify as a natural born citizen.

Tribe, who also taught constitutional law to President Obama and Chief Justice John Roberts, agrees with my analysis that at the time of the adoption of the U.S. Constitution in 1787, the term natural born citizen included only those born on American soil. Tribe tells the Cleveland Plain Dealer you have to be willing to believe the meaning of terms contained in the U.S. Constitution change with the times without resort to the amendment process to accept that Cruz should now be considered a natural born citizen.

Tribe notes the irony in that Cruz espouses a strict interpretation of the constitution, which would preclude the Supreme Court from ruling in his favor. "On the other hand," said Tribe, "to the kind of Judge I admire and Cruz abhors - a 'living constitutionalist' - Cruz would ironically be eligible because it no longer makes sense to be bound by so narrow and strict a definition." Unless Cruz can find five justices who are living constitutionalists unlike him, his eligibility to serve as president is "murky and unsettled" according to Tribe.

7 comments:

  1. Anonymous10:16 AM EST

    A "Living Constitutionalist" is merely a Marxist who carries his constitutional convention with him.

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  2. Anonymous11:24 AM EST

    Cruz's wife works for Goldman Sachs. That makes him part of the problem and is reason enough to disqualify him.

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  3. Anonymous11:55 AM EST

    Frankly, I don't see what difference it matters if one of the nine Republicans running for President is ineligible. Time to get rid of a half dozen of them. Carson and Huckabee are just wacko bigots. And Christie and Paul are not ready for prime time. Carly Fiorina is probably the brightest. And Kasich is the most qualified. But the public just doesn't seem to care. Bush is only still here because of the amount of money he has to spend. But the public doesn't want him. And Cruz drives everyone up the wall with that horrible, horrible voice, although Carson comes in a close second. I think it will be a Trump Rubio race to the end, made more interesting by their eventual choices of running mates.

    And I think Clinton will continue to be dragged down by investigations pummeling her reputation until Sanders pulls ahead by virtue of sheer gravity.

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  4. Anonymous1:29 PM EST


    This is a non-issue; I buy into Mark Levin's US Constitution arguments as to why Cruz IS qualified. Most importantly, Cruz, Trump, Fiorina, and Paul- any of them- are far superior to the America-hating Muslim leftist Marxist now inhabiting the White House wreaking devastation across this nation and the globe. Let's talk about that- and why- instead of this birther nonsense.

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  5. Anonymous2:06 PM EST

    If being born outside the country to a parent of foreign citizenship is "natural born," what isn't?

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  6. Anonymous2:59 PM EST

    Cruz rennounced his Canadian citizenship in 2014, 2 yrs after becoming a senator from Texas.

    I hope he does get the nomination because he will lose regardless of who gets the nod from the Dems.

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  7. Anonymous6:04 PM EST

    It makes no difference what the Constitution says. Did you ever see anyone sworn in by placing their hand upon the Constitution? Ted Cruz's congregation has anointed him King whose mission is to take to the battlefield to bring down the federal government in order to reconstruct a nation based upon theological ideals. While Cruz's actions to shut down the government and default on the national debt have been put on hold, his factions have been uniquely successful in taking over the GOP. Total disruption of the US and world economies through default has been identified as the single most effective method of bringing the US to its knees and ushering in a new Christian nation.
    With the last presidential candidate believing that we are descendants from the planet/star Kolob, I am wondering how much of our population is currently sane.

    ReplyDelete