BREAKING: Top legal scholar says Cruz's eligibility "murky and unsettled"
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  BREAKING: Top legal scholar says Cruz's eligibility "murky and unsettled"
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Author Topic: BREAKING: Top legal scholar says Cruz's eligibility "murky and unsettled"  (Read 2726 times)
Lief 🗽
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« on: January 10, 2016, 09:08:09 PM »

http://www.theguardian.com/us-news/2016/jan/11/laurence-tribe-ted-cruz-donald-trump-citizen-president?CMP=share_btn_tw

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It's really starting to not look good for Cruz here, folks.
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Figueira
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« Reply #1 on: January 10, 2016, 09:12:43 PM »

What exactly would happen if he got elected and it was decided he wasn't a natural-born citizen? Could the Supreme Court depose him after he took office?
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Asian Nazi
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« Reply #2 on: January 10, 2016, 09:14:59 PM »

While an Iowa win would definitely help him, I think TRUMP needs to be strategic about when he nukes Cruz once and for all.  I think a lot of Cruz's supporters (primarily evangelicals) will vote for low energy establishment candidates before they turn to a moderate reformist like TRUMP.  Divide and conquer.
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Pandaguineapig
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« Reply #3 on: January 10, 2016, 09:18:11 PM »

Trump is desperate. Can't wait for his fit of autistic rage on Feb 1st
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Absentee Voting Ghost of Ruin
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« Reply #4 on: January 10, 2016, 10:26:08 PM »

Trump is desperate. Can't wait for his fit of autistic rage on Feb 1st

I see I'm not the only one who thinks he'll have a "Dean Scream" moment. If he does anything even close, the media and both parties will do their best to turn it into one.
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cxs018
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« Reply #5 on: January 10, 2016, 10:27:10 PM »

Trump is desperate. Can't wait for his fit of autistic rage on Feb 1st

I see I'm not the only one who thinks he'll have a "Dean Scream" moment. If he does anything even close, the media and both parties will do their best to turn it into one.

Yup. To be honest, Howard Dean kind of got the raw end of the deal there; if it were in this election, it'd be a non-story.
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Hillary pays minimum wage
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« Reply #6 on: January 10, 2016, 10:29:58 PM »

The same was said about a former candidate.  Please help me out for those of you who are Democrats.  Where is this former candidate now?
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cxs018
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« Reply #7 on: January 10, 2016, 10:36:20 PM »

The same was said about a former candidate.  Please help me out for those of you who are Democrats.  Where is this former candidate now?

John McCain is still in the US Senate, if that's who you're talking about.
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Pandaguineapig
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« Reply #8 on: January 10, 2016, 10:45:04 PM »

Trump is desperate. Can't wait for his fit of autistic rage on Feb 1st

I see I'm not the only one who thinks he'll have a "Dean Scream" moment. If he does anything even close, the media and both parties will do their best to turn it into one.
I could very well see him using a racial slur to describe Ted Cruz in his speech
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Zioneer
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« Reply #9 on: January 10, 2016, 11:47:06 PM »

Man, Republicans are just trying their hardest to give the nomination to Trump and thereby lose the election, aren't they?
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Bismarck
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« Reply #10 on: January 10, 2016, 11:52:23 PM »

Yeah if they succeed in taking out Cruz, Trump will win the nomination.
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Lincoln Republican
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« Reply #11 on: January 11, 2016, 12:15:59 AM »
« Edited: January 11, 2016, 01:26:43 PM by Lincoln Republican »

http://dailycaller.com/2013/05/09/dershowitz-tex-cruz-one-of-harvard-laws-smartest-students/

Famed Harvard Law School professor Alan Dershowitz ranks Sen. Ted Cruz among the school’s smartest students, adding that the Canada-born Texan can run for president in 2016.

Dershowitz says yes.  Case closed.

And Cruz is among Harvard's smartest students to boot.

Trump is, as usual, wrong.
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Darthpi – Anti-Florida Activist
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« Reply #12 on: January 11, 2016, 12:17:57 AM »

The same was said about a former candidate.  Please help me out for those of you who are Democrats.  Where is this former candidate now?

John McCain is still in the US Senate, if that's who you're talking about.

This is the only correct response.
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« Reply #13 on: January 11, 2016, 12:23:34 AM »

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Well a "genuine originalist" can think that, but the precedent is pretty clear: George Romney's eligiblity to be President was never ruled out despite him being born in Mexico to two US parents. It's tough to argue that only having one like Cruz did makes a difference.

I suspect that from here on forever courts will interpret the natural born clause as loosely and permissively as possible because: 1-it's pretty outdated and only remains as an artifact because repealing it would be so difficult and 2-the Birthers have made the whole thing look ridiculous and insane. If the Supreme Court ever rules on this (not likely they'd ever take a case even), they'd rule unanimously, bank it.
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Attorney General & PPT Dwarven Dragon
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« Reply #14 on: January 11, 2016, 12:51:51 AM »

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Well a "genuine originalist" can think that, but the precedent is pretty clear: George Romney's eligiblity to be President was never ruled out despite him being born in Mexico to two US parents. It's tough to argue that only having one like Cruz did makes a difference.

I suspect that from here on forever courts will interpret the natural born clause as loosely and permissively as possible because: 1-it's pretty outdated and only remains as an artifact because repealing it would be so difficult and 2-the Birthers have made the whole thing look ridiculous and insane. If the Supreme Court ever rules on this (not likely they'd ever take a case even), they'd rule unanimously, bank it.

You seriously think Thomas and Scalia would sign on to nixing the natural-born citizen clause?
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tallguy23
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« Reply #15 on: January 11, 2016, 12:54:01 AM »

Yes, Cruz is a natural-born citizen. End of discussion.

Frankly I'm not a fan of the whole requirement and wouldn't mind scraping it.
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« Reply #16 on: January 11, 2016, 01:27:50 AM »

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Well a "genuine originalist" can think that, but the precedent is pretty clear: George Romney's eligiblity to be President was never ruled out despite him being born in Mexico to two US parents. It's tough to argue that only having one like Cruz did makes a difference.

I suspect that from here on forever courts will interpret the natural born clause as loosely and permissively as possible because: 1-it's pretty outdated and only remains as an artifact because repealing it would be so difficult and 2-the Birthers have made the whole thing look ridiculous and insane. If the Supreme Court ever rules on this (not likely they'd ever take a case even), they'd rule unanimously, bank it.

You seriously think Thomas and Scalia would sign on to nixing the natural-born citizen clause?

No but they would rule that Cruz is eligible under it.
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SteveRogers
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« Reply #17 on: January 11, 2016, 05:03:40 AM »

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Well a "genuine originalist" can think that, but the precedent is pretty clear: George Romney's eligiblity to be President was never ruled out despite him being born in Mexico to two US parents. It's tough to argue that only having one like Cruz did makes a difference.

I suspect that from here on forever courts will interpret the natural born clause as loosely and permissively as possible because: 1-it's pretty outdated and only remains as an artifact because repealing it would be so difficult and 2-the Birthers have made the whole thing look ridiculous and insane. If the Supreme Court ever rules on this (not likely they'd ever take a case even), they'd rule unanimously, bank it.

You seriously think Thomas and Scalia would sign on to nixing the natural-born citizen clause?

Lol no, they'd just be giving the clause the common sense interpretation of being synonymous with "citizen at birth." Arnold Schwarzenegger still wouldn't be able to run for president. 
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Sir Mohamed
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« Reply #18 on: January 11, 2016, 05:30:45 AM »

The big question is: If Cruz is forced out of the race, what will happen to the polling numbers? Will it boost Trump? I wouldn't be surprised if Cruz backs The Donald in such a case.
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Why
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« Reply #19 on: January 11, 2016, 06:45:19 AM »

The big question is: If Cruz is forced out of the race, what will happen to the polling numbers? Will it boost Trump? I wouldn't be surprised if Cruz backs The Donald in such a case.
Trump would get a boost, Carson would probably get a boost as well, but not enough to matter. Santorum and/or Huckabee might get a bit of bump as well, but again not enough to matter.

However as things currently stand it appears the only way Rubio (or another establishment candidate) is going to get into the race is by Cruz keeping Trump from just running away with it by winning all of the first 4 states. Without Cruz Trump wins them all and almost certainly dominates from there.
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cxs018
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« Reply #20 on: January 11, 2016, 07:29:41 AM »

The big question is: If Cruz is forced out of the race, what will happen to the polling numbers? Will it boost Trump? I wouldn't be surprised if Cruz backs The Donald in such a case.

I'd imagine the evangelicals flock to Carson, the Tea Partiers go to Paul, and the type of people who are afraid that Obama's going to annex Kenya go to Trump.
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Torie
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« Reply #21 on: January 11, 2016, 08:50:24 AM »
« Edited: January 11, 2016, 09:00:54 AM by Torie »

Tribe is trolling here, hoisting Cruz on his "originalist" approach to interpreting Constitutional text petard. Tribe really does not think it is particularly "murky and unsettled," as opposed to just taking that originalist approach to its ultimate extremes, which nobody does, including Scalia. Rather common sense always comes into play. And I strongly doubt that the drafters of the text really intended it to exclude those born of American citizens, even if the words if read literally implied that. So even with an "originalist" approach to textual interpretation, Cruz should be eligible. It is only when you read the text in a vacuum that you come up with a problem. Sometimes words are written that have unintended consequences. The English language is not as precise as some mathematical formula.
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wolfsblood07
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« Reply #22 on: January 11, 2016, 08:20:55 PM »

Trump is desperate. Can't wait for his fit of autistic rage on Feb 1st
Hehehe... it will be a classic.
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ProgressiveCanadian
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« Reply #23 on: January 11, 2016, 08:24:56 PM »

Ummm the majority leader and a lot of senate republicans are keeping quiet on this. Doubt they would vote like they did for John Mccain to be eligible to be president.
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wolfsblood07
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« Reply #24 on: January 11, 2016, 08:26:16 PM »

Trump is desperate. Can't wait for his fit of autistic rage on Feb 1st

I see I'm not the only one who thinks he'll have a "Dean Scream" moment. If he does anything even close, the media and both parties will do their best to turn it into one.

Yup. To be honest, Howard Dean kind of got the raw end of the deal there; if it were in this election, it'd be a non-story.
I am no fan of Dean's politics but as a wrestling fan I loved that speech he did.  In Wrestling jargon, Dean "cut a promo".  That's where you yell and brag about how you're gonna beat your opponents in the upcoming cities.
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