Trump’s Birther Scam Against Cruz

Nothing in the Constitution or the law supports Donald Trump’s accusation that Ted Cruz is disqualified by birth from the Presidency.Cruz-and-little-trump

After Mr. Trump spent a week casting doubt on whether Senator Ted Cruz meets the Constitution’s “natural born citizen” requirement to be President, Mr. Newton B Schwartz, a Texas attorney reacted by filing a lawsuit in Federal Court.  The suit alleges  that Senator Cruz is not a natural born citizen, and does not qualify for the office of President.   Mr Schwartz asks for an immediate Supreme Court ruling.

There is no Constitutional or legal basis to disqualify Senator Cruz from the Presidency.  This is a manufactured  “issue,” and is nothing but cynical mischief-making by Trump who’s dominant skill is driving the ignorant and manipulable media herd (including the awestruck Trump groupies at Fox News) to suddenly stampede in any direction he chooses.

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The Constitution recognizes only two sources of citizenship:
  • Birth: One who is automatically a citizen at birth.
  • Naturalization: A person who is not an American citizen by birth can apply for citizenship and, after completing a process called “naturalization” become a citizen. A Naturalized citizen can not be President.
Nowhere in the Constitution is there a distinction between a “natural born” citizen by birth and some other, lower class of citizen by birth.  One is either a natural born citizen at birth or not a citizen at birth.  There is no “in between.”
The Constitution empowers Congress to enact laws setting forth the circumstances of citizenship by birth.  Under the last Congressional action in this regard, The Immigration and nationality Act of 1952 are seven categories of citizen by birth or “natural born” citizen. One of those categories is a person born outside the United States to one parent who is not a citizen and one parent who is a citizen and has lived in the US more than ten years, the exact circumstances of the birth of Ted Cruz.

 

Mr Schwartz’s 28 page lawsuit is a slap-dash document, littered with typos.  It’s “case” against Senator Cruz is woven into many pages of Mr. Schwartz’s irrelevant opinions on topics as diverse as abortion, the age of the earth, Japanese internment during World War II, Jewish, Christian and Muslim religious doctrines, and Donald Trump’s other “birther” campaign, against President Obama.

But, Mr. Schwartz urges the court to rule as soon as possible, hopefully before the Iowa Caucus on February 1.  And, he does go out of his way to eliminate any potential barriers to a quick, clean decision by the court.  His suit seeks no money, not even legal fees.  The only facts he presents are simple, agreed to by Cruz, and indisputable.  Cruz was born in Canada to a mother who was a citizen by virtue of having been born in Delaware and a father who was a non-citizen, Cuban immigrant.  Thus, the court would not have to sort through competing versions of the facts and could simply rule on the law. 

It remains to be seen if the Supreme Court agrees that it can and should come forth with an instant ruling.  An early ruling would certainly diminish Trump, vindicate Cruz and further elevate voter perception of this remarkable Senator from Texas.

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