First off, let me start by saying that I respect Senator Ted Cruz, and I think he is a true statesman & warrior for liberty. I honestly do. However, as much I like him, I still have the knowledge that he is not eligible to be the President of the United States under the Constitution’s eligibility clause. This post will go into great detail to educate my readers on the facts and the intent of the founders when they wrote the constitution.
Lets start with a short prayer & spiritual verse —
“Have nothing to do with foolish, ignorant controversies; you know that they breed quarrels. And the Lord’s servant must not be quarrelsome but kind to everyone, able to teach, patiently enduring evil, correcting his opponents with gentleness.” ~ 2 Tim 2:23
Since Monday, March 23, 2015, when Senator Ted Cruz announced his candidacy for the POTUS, there are folks who are all on board with him and believe that he is eligible because they like him. There are also the liberal lefties that are yelling that he’s not eligible because they hate him. The republican establishment hates him too. Remember John McCain & the “Wacko Bird” comment last year? Planned Parenthood hates him. Whoopie Goldberg hates him.
All of these are GREAT REASONS to support him.
The Constitution and its meaning — “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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
Now lets delve, in depth, on the meaning of Natural Born Citizen.
1st – The founders used a reference book called the ‘Law of Nations’ by Vattel.
“The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or indigenes, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. . .”
Read more here.
Now I’ve seen several articles recently posted that argue that the word ‘indigenes’ was changed in Vattel’s english translation AFTER the constitution was written. “Indigenes” was changed to “natural born citizen” in 1797. Here’s one of those articles;
Click any image to enlarge it.
“In 1775, Benjamin Franklin wrote a gracious note to Charles Dumas, for “the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations.” Franklin also stated that Vattel’s treatise was, “continually in the hands of the members of our Congress.” (From a letter, Benjamin Franklin to Charles Dumas, Dec. 19, 1775.) …”
[It is unknown whether or not the edition sent to Franklin was in English or French. Franklin could read both languages as could many of the founders.]
Vattel’s treatise was first published in 1758, in French. The first edition contains the exact same passage as the 1775 edition give to Franklin by Dumas. In 1759, the first English edition was published in London, translated as follows:
“The citizens are the members of the civil society : bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or indigenes, are those born in the country of parents who are citizens.” “The Law of Nations or Principles of the Law of Nature”, E. de Vattell, (London, 1759), § 212, pg. 92. (App. Pg. 159.)
“Les naturels, ou indigenes”, was not accurately translated. The proper translation of “indigenes” is “natives”. The 1759 London edition makes the mistake of repeating the same word twice, once in English and once in French; “natives or indigenes” means “natives or natives”.
The influence of the U.S. Constitution may have played a part in correcting the error, since, in the 1797 London edition, and thereafter, the French passage was correctly translated as follows:
“The citizens are the members of the civil society : bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country of parents who are citizens.” (Emphasis added.) “The Law of Nations or Principles of the Law of Nature”, E. de Vattell, (London, 1797), § 212, pg. 101.
(App. Pg. 161.)
Now let us look at the author —
Jacobson is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School.
Jacobson goes on to say —
Additionally, Vattel did not purport to explain the meaning of the term in the context of British law or the common understanding in the British American colonies or newly formed United States. It is, at best, highly speculative to assert that the Framers looked to Vattel for the definition of “natural born Citizen.”
Sorry if I don’t put ANY FAITH in what a Harvard Law Graduate has to say.
2nd item – People are claiming this is factual because of the “Legal Scholars” that wrote it.
Notice at the TOP it says — “Commentary by Neal Katyal & Paul Clement written March 11, 2015.”
Remember, Lawyers say things like, “It depends upon what the meaning of the word ‘is’ is.
Yep, This is not liberal at all <sarcasm>
Let’s look at Neal Katyal for a moment — He’s Part of the Clinton & Obama Cabal.
And Paul Clement — He’s just another Indoctrinated Lawyer
3rd item – The founders while writing the Constitution, and the Federalist Papers, were well aware of the term “Natural Born Subjects” used in many historic documents.
As to the qualifications of members to sit at this board: any natural born subject of England is capable of being a member of the privy council; taking the proper oaths for security of the government, and the test for security of the church. But, in order to prevent any persons under foreign attachments from insinuating themselves into this important trust, as happened in the reign of king William in many instances, it is enacted by the act of settlement,l that no person born out of the dominions of the crown of England, unless born of English parents, even though naturalized by parliament, shall be capable of being of the privy council.
The rule of jus soli goes back to at least 508 BC in Athens, when it was used to establish citizenship in districts called demes. The Romans mainly used jus sanguinis to organize the empire into national groups each with its own legal system (although they had to introduce the office of praetor peregrinus to adjudicate disputes between members of different groups). However, the Edict of Caracalla in 212 AD made jus soli the rule for the entire Empire. The rule was carried to France and England under Roman domination, and the Normans adopted it and spread it to Scotland, Wales, and Cornwall.
However, jus sanguinis prevailed in many Eastern and Central European countries at the time Vattel wrote, and spread to other countries on the European continent. It displaced jus soli in Britain in 1983 and in France in 1993, mainly in response to immigration of persons of different ethnicity.
On July 25, 1787, John Jay wrote to George Washington, presiding officer of the Convention:
Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolve on, any but a natural born Citizen.
Rafael Edward “Ted” Cruz
Born December 22, 1970, in Calgary, Alberta, Canada, of a father who was a citizen of Cuba, and a mother who was a citizen of the U.S.
Sen. Cruz is not eligible to be president…
Jon Roland Bio
4th item – Those arguing the Naturalization ACT, or the 14th Amendment, are completely irrelevant. Those items are refering to citizenship and NOT the Natural Born Citizen clause of the US Constitution.
5th item – Go dig up your OWN Birth certificate. Look at it. Who was it issued by? It is issued by either the STATE in which you were born, or maybe the ‘County’ within the STATE that you were born. We are not citizens of the USA, we are citizens of a Sovereign State, that is a PART of the United States of America.
Senator Ted Cruz can not be eligible as a natural born citizen because he was not born in any of the sovereign states that make up the USA. He is considered a US Citizen, due to his mothers citizenship but he does not meet the requirement of being a natural born citizen. Plus his father was a Cuban Citizen at the time of his birth. As we’ve established above, citizenship follows the Father. As does a last name. Only in the Liberal world of misfits here in the USA can a child take a mothers last name or a hyphenated name — Those dang Wacko Birds!
6th item – Here is a link to every president and what made them eligible or not.
Respectfully submitted by SilenceDogood2010 this Twenty Fifth Day of March in the Year of our Lord, Two Thousand and Fifteen.