Monday, November 09, 2015

Ted Cruz's Presidential Eligibility, or Lack, Thereof

By Douglas V. Gibbs

I am an acquaintance of Ed Hoffman, Radio Host on KTIE 590-AM, and local mortgage guy, whose program airs on Saturdays.  Recently, I had a conversation with one of his listeners, and I just had to tell him about it.  Here's the email I sent to Ed:


I was talking with one of your listeners last week and I mentioned I had met with you, recently.  She said to me, "I love Ed Hoffman, and listen to his radio program each week, but this time he made me mad."

I asked how you made her mad, and she said (with a fuming aura), "He said that Ted Cruz is not eligible for President of the United States."

I could see she was looking at me with the hope that I would confirm and reassure her anger, but I said, "Uh, hate to tell you this, but Ed is correct."

You would have thought I said, "I'm a communist and I hate Ronald Reagan," based on her reaction.

I explained to her, "First of all, most folks thought Obama was not eligible because they questioned if he was born in Hawaii, and only his mother was a citizen of the United States.  How is Canadian-born, only his mother a citizen at the time of his birth, Ted Cruz any different than that?"

"But. . ."

I continued, despite her protest.

"As the Constitution guy, I will take it even further.  It doesn't matter where he was born, the key is the citizenship of his parents at the time of birth.  The original definition of Natural Born Citizen is that both parents need to be citizens at the time of a person's birth.  Obama, by his own admission, is not eligible, because he claims his dad was born in Kenya, and was never a citizen of the United States.  In the case of Ted Cruz, the way I understand it, his father, as much as I absolutely love him, was not a citizen of the United States at the time of Ted's birth.  Therefore, Ted is not eligible."

"Well, that's just your opinion," she said.

"No," I replied, "Vatell's Law of Nations, the Immigration and Naturalization Act of 1790, and the written opinion by one of the justices of the ruling of the Minor v. Happersett case agrees with me."

She's looking up my resources, and told me she'd get back to me on this.

I am not anti-Cruz like a lot of these people think.  He's a great Senator.  I love him as a conservative, and as a debater.  But he, and Rubio, and Jindal are all technically not eligible.

Anyway, I thought you'd get a kick out of that.

Keep up the great work, and I am looking forward to when I will be on your program, whenever that may be.


Douglas V. Gibbs
Director, Center for the Study of the U.S. Constitution
President, Constitution Association
Radio Host, KMET AM1490
Publisher, Table Top News
Author, "25 Myths of the United States Constitution," "The Basic Constitution,"
and "Silenced Screams: Abortion in a Virtuous Society"

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