SHe is the one that said the economy is suffering because american workers are watching porn all day long
I can see her now in her sanctum--brow and upper lip dewy with sweat, a thin blue vein throbbing at her temple--picturing her employees watching porn...
"If you can keep your head while those around you are losing theirs, you can collect a lot of heads."
One potential problem with this is that a compelling argument can be made that unless and until he's actually elected, there's nothing for the Supreme Court to decide.
Very true.
But there is another answer to this Cruz citizenship issue.
When the Constitution does not fully define a term SCOTUS has always deferred to whatever definition was determined by Congress.
US Code Title 8 Section 1401 defines who are natural-born citizens and who are not. Note Subsection (g).
quote:(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years...
This is the present law.
At the time of Cruz's birth this section had a 10 year in-country requirement with 5 after age 14.
Cruz's mom, Eleanor Darragh, met those requirement with plenty to spare prior to Cruz's birth.
The entire controversy is crap.
One look at all the Obama-birther lawsuits and we can be assured such a lawsuit on the Cruz question will not even make it out of the Federal District Court let alone be called up by SCOTUS.
I'm no longer willing to say SCOTUS "has always" or "will never" anything after seeing some of the crap Scalia and Thomas have pulled.
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson
We see monsters where science shows us windmills. -- Phat
It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate
Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
If Cruz is never elected, there's nothing for them to decide.
A challenge to putting Cruz on a state's presidential ballot based on eligibility, if raised by an opponent would be enough to make a controversy. There is no real need to wait until he is elected.
That said, there would need to be a credible legal dispute, and I'm not convinced that simply being a blooming idiot disqualifies you from an office that Bush recently held.
It seems that people have forgotten the dozens of law suits that were filed when Obama was campaigning. Of the relatively large number of filed actions, only one was filed by an actual candidate. While none of the suits resulted in any useful relief, a few of them did overcome standing hurdles. Doesn't mean that the suits were not insipid even when they were not blatantly racist.
Here is one of the worst:
quote: In February 2012, he [Gordon Warren Epperly] filed a nominating petition challenge against the Alaska Division of Elections claiming that Barack Obama did not deserve to be on the ballot because he's a mulatto.
Based upon his interpretation of Article II, Section I, Clause 5 of the U.S. Constitution, only a natural-born citizen can be President. Furthermore, according to his interpretation of the Fourteenth and Fifteenth Amendments, only Whites can be considered natural-born citizens; Negroes and Mulattoes are merely statutory citizens.
Je Suis Charlie
Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
US Code Title 8 Section 1401 defines who are natural-born citizens and who are not. Note Subsection (g)
No, the code does not define natural-born citizens. At least that is a possible interpretation.
Section g just tells us how you can be a 'citizen at birth' despite being born outside of the country. There is no definition of 'natural-born citizen' outside of the constitution and whatever few court decisions we have on the matter. I agree that there is no good reason for those terms not to be synonyms. Which means that a birther won't hold them to be synonyms.
In fact, section h casts some doubt on whether Cruz is a 'natural born citizen' if we agree at least that 'natural born citizen' is at least a sub set of 'citizens at birth'.
quote:(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
A special rule for people born prior to May 24, 1934? Said rule applying only to alien father/citizen mother but not alien mother/citizen fathers? So what is the status of someone born later than May 24, 1934? Like Cruz, born in 1970 in Canada of an alien father and a citizen mother?
No, I am not an idiot birther. Actually, Cruz is covered by item e at least.
Je Suis Charlie
Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
after seeing some of the crap Scalia and Thomas have pulled.
Surely there is a special place for these two. Maybe just inside the Ninth circle? round 1 or 2?
Je Suis Charlie
Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
A challenge to putting Cruz on a state's presidential ballot based on eligibility, if raised by an opponent would be enough to make a controversy. There is no real need to wait until he is elected.
Possibly.
I did say that an argument could be made, not that the courts would necessarily buy it. It's quite possible your position could prevail. Ultimately, there's no way to know for sure unless and until the Supremes take the case and decide it.
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson
We see monsters where science shows us windmills. -- Phat
It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate
Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
I've seen a lot of debate knocking around over the years since the birther controversy started over this controversial 'natural-born citizen' business in the Constitution. Maybe this is just my outsider's lack of understanding of American constitutionalism, but isn't the meaning plain as the bollocks on a well hung donkey? It means someone born a citizen, as opposed to someone naturalised later in life.
There - just solved you the trouble of a court case.
Of course, there's a fair amount of Constitutional jurisprudence that doesn't make any sense, so whether it makes sense or not isn't necessarily a great predictor of what the Court will do.
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson
We see monsters where science shows us windmills. -- Phat
It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate
Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung
I did say that an argument could be made, not that the courts would necessarily buy it
What you said was that a 'compelling argument' could be made that the case was not constitutionally unripe. But if we want to allow that courts would not necessarily buy it, we can say that the argument that Barrack Obama and Ted Cruz are both constitutionally ineligible is compelling given that the Supreme Court has never ruled on the issue.
In fact your compelling argument is not based on any case precedent whatsoever. It is instead based on the idea that there is such a thing as an unripe case (and of course there is) and an unsupported assertion that such a thing exists up until an actual election.
Absent some discussion of precedent, not compelling IMO.
Je Suis Charlie
Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
I've seen a lot of debate knocking around over the years since the birther controversy started over this controversial 'natural-born citizen' business in the Constitution. Maybe this is just my outsider's lack of understanding of American constitutionalism, but isn't the meaning plain as the bollocks on a well hung donkey? It means someone born a citizen, as opposed to someone naturalised later in life.
I agree. So I guess there is a case to be made for a difference between these two children being 'natural-born citizens':
a married man from Kenya knocking up an American girl, illegitimately marrying her in the US, and then having the child in Kenya
An American citizen women legitimately marrying a naturalized citizen and having the child in Canada
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