2016 Presidential Election

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Re: 2016 Presidential Election

Postby Nordic » Wed Mar 25, 2015 12:28 am

Ok here we go. Everybody takes the bait. Even here at RI!

This has about as much credibility, and as much relevance to the country, as a season of "Dancing with the Stars".

Cruz has no intention of winning and he's not supposed to. His job is to rule up the evangelical base and keep them in the reservation, while at the same time shooting an opening salvo of the Fear Bomb to those who consider themselves "Democrats"

Better vote for Killary, if you don't, Cruz might win and it will be YOUR FAULT!
"He who wounds the ecosphere literally wounds God" -- Philip K. Dick
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Re: 2016 Presidential Election

Postby jingofever » Wed Mar 25, 2015 1:16 am

Cruz's mother is an American citizen, born in Delaware, so Ted Cruz is also an American citizen, regardless of where he was born, unless it was Hawaii.
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Re: 2016 Presidential Election

Postby Iamwhomiam » Wed Mar 25, 2015 2:31 am

I'm kinda surprised by the reaction of those believing he's entitled. If an American Citizen travel abroad and has her child in France, her child is a French Citizen and not an American citizen! The child can apply to be naturalized, and take the test like any other immigrant, but citizenship if it was granted, could be stripped away for cause.
A person from Puerto Rico can vote, but cannot become President. Our possessions and territories are entitled to some privileges shared by American born citizens, but not holding office in command of our military.

But regardless, Nordic's right. sorta. Cruz harbors some serious hatred towards homosexuals. Can't wait for his dad's soundbites to start popping up. Not that I want to hear any of his vile spewing, just to more quickly get rid of the blessed fool.
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Re: 2016 Presidential Election

Postby jingofever » Wed Mar 25, 2015 3:16 am

By law the child of the American citizen abroad in France would be an American citizen, no naturalization required.

A phrase denoting one of the requirements for becoming President or Vice-President of the United States. Anyone born after the adoption of the U.S. Constitution in 1787 must be a "natural born Citizen" of the United States to constitutionally fill the office of President or Vice-President. See U.S. Const. art. II, § 1; id. at amend. XII.

Some debate exists as to the meaning of this phrase. Consensus exists that anyone born on U.S. soil is a "natural born Citizen." One may also be a "natural born Citizen" if, despite a birth on foreign soil, U.S. citizenship immediately passes from the person's parents.

https://www.law.cornell.edu/wex/natural_born_citizen

Specifically for Ted Cruz the law is:

What are the rules for people born between December 23, 1952 and November 13, 1986?

...

When one parent was a US citizen and the other a foreign national, the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child, with five of the years after the age of 14.

http://www.lexisnexis.com/practiceareas ... web704.pdf

That caveat means that if Ann Dunham had given birth to Obama in Kenya then Obama would not be a citizen because she was only 18 at the time and the mother must be at least 19 under the law. Cruz's mother graduated college in the 50s so he is no doubt in the clear.
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Re: 2016 Presidential Election

Postby SonicG » Wed Mar 25, 2015 5:33 am

Yeah Jerry Brown is such an odd cat...DKs critique aside, he went super rad in the mid-90s with a radio show on Pacifica and interviews with Chomsky and Illich. Obama was pilloried for Alinsky, so imagine what kind of red meat Illich provides:

“School prepares people for the alienating institutionalization of life, by teaching the necessity of being taught. Once this lesson is learned, people loose their incentive to develop independently; they no longer find it attractive to relate to each other, and the surprises that life offers when it is not predetermined by institutional definition are closed.”

“Hierarchies must rise and conglomerate as they extend over fewer and larger corporations. A seat in a high-rise job is the most coveted and contested product of expanding industry. The lack of schooling, compounded with sex, color, and peculiar persuasions, now keeps most people down. Minorities organized by women, or blacks, or the unorthodox succeed at best in getting some of their members through school and into an expensive job. They claim victory when they get equal pay for equal rank. Paradoxically, these movements strengthen the idea that unequal graded work is necessary and that high-rise hierarchies are necessary to produce what an egalitarian society needs. If properly schooled, the black porter will blame himself for not being a black lawyer. At the same time, schooling generates a new intensity of frustration which ultimately can act as social dynamite. "

It would be fun to see people's heads explode as they try to digest these radical ideas...Oh, and the sweet irony of wingnuts having to parse immigration law in the opposite direction would also be delicious...

ETA: Just ran across this interest blog about Illich:
http://backpalm.blogspot.jp/2010/11/of- ... llich.html
"a poiminint tidal wave in a notion of dynamite"
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Re: 2016 Presidential Election

Postby Iamwhomiam » Fri Mar 27, 2015 3:03 pm

jingofever » Wed Mar 25, 2015 3:16 am wrote:By law the child of the American citizen abroad in France would be an American citizen, no naturalization required.

A phrase denoting one of the requirements for becoming President or Vice-President of the United States. Anyone born after the adoption of the U.S. Constitution in 1787 must be a "natural born Citizen" of the United States to constitutionally fill the office of President or Vice-President. See U.S. Const. art. II, § 1; id. at amend. XII.

Some debate exists as to the meaning of this phrase. Consensus exists that anyone born on U.S. soil is a "natural born Citizen." One may also be a "natural born Citizen" if, despite a birth on foreign soil, U.S. citizenship immediately passes from the person's parents.

https://www.law.cornell.edu/wex/natural_born_citizen

Specifically for Ted Cruz the law is:

What are the rules for people born between December 23, 1952 and November 13, 1986?

...

When one parent was a US citizen and the other a foreign national, the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child, with five of the years after the age of 14.

http://www.lexisnexis.com/practiceareas ... web704.pdf

That caveat means that if Ann Dunham had given birth to Obama in Kenya then Obama would not be a citizen because she was only 18 at the time and the mother must be at least 19 under the law. Cruz's mother graduated college in the 50s so he is no doubt in the clear.



There's nothing at all supporting your opening line in your references, jingo. Nada.
Only legal opinion, and while those opinions may be astute, they are not law. Although the author of the opinion states there have been laws passed supporting his opinion, he list no references. I wonder why?
While these are general rules, Congress has continually amended and revised many laws relating to citizenship, particularly those dealing with the requirements for retention of citizenship. If a person believes that they have a claim to US citizenship, they should consult with an attorney for a full examination of that possibility.

Gregory Siskind (gsiskind@visalaw.com) is a partner in the law firm of Siskind, Susser, P.C. - Immigration Lawyers, which has offices in the United States and around the world. <snip> He was one of the first lawyers in the country (and the very first immigration lawyer) to set up a website for his practice and he was the first attorney in the world to distribute a firm newsletter via e-mail listserv. He is the author of The Lawyer's Guide to Marketing on the Internet, published by the ABA and a contributing author to Immigration Options for Physicians, Second Edition, recently published by the American Immigration Lawyers Association. He graduated magna cum laude from Vanderbilt University and received his law degree from the University of Chicago.


I've not found any law supporting the legitimacy of Cruz's citizenship. Not saying there isn't one, just that I cannot locate one after searching. I hold firm my belief he is ineligible to run for office of President. If indeed it is true, that he is a viable candidate because of his mother's age before his birth and the time she spent stateside prior to relocating to foreign soil met some necessary and as yet undocumented qualifier, please provide us with a reference to the law establishing his eligibility for full, natural born citizenship. A valid reference to this law:

"When one parent was a US citizen and the other a foreign national, the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child, with five of the years after the age of 14."

Repeating something you believe is true doesn't make it so. Show me the money citation!
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Re: 2016 Presidential Election

Postby Belligerent Savant » Fri Mar 27, 2015 3:43 pm

.

If only we lived in a world where a worthwhile concern regarding a candidate's viability/legitimacy is their claimed place of birth.

Are we truly dedicating typed words to such white noise, here?

Nordic beat me to it above..

Ok here we go. Everybody takes the bait. Even here at RI!

This has about as much credibility, and as much relevance to the country, as a season of "Dancing with the Stars".
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Re: 2016 Presidential Election

Postby Iamwhomiam » Fri Mar 27, 2015 4:01 pm

Should we not discuss the candidacy of a racist religious fanatic, that we just ignore Cruz? or all candidates, since the game is fixed?
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Re: 2016 Presidential Election

Postby jingofever » Fri Mar 27, 2015 4:16 pm

The citation is:
Sec. 301 (a) (7) of the Immigration and Nationality Act of 1952 at http://library.uwb.edu/guides/usimmigra ... %20163.pdf. But it just says what I quoted above.
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Re: 2016 Presidential Election

Postby Iamwhomiam » Fri Mar 27, 2015 4:26 pm

How about extracting the money quote from the pdf? I don't have 10 hours to wait for it to download - 10mb. It would be much appreciated on this end if you would. I would like to shed my disbelief and come to grips with reality - the sooner the better!
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Re: 2016 Presidential Election

Postby jingofever » Fri Mar 27, 2015 4:48 pm

Sec. 301. (a) The following shall be nationals and citizens of the United States at birth:

...

(7) 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 ten years, at least five of which were after attaining the age of fourteen years
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Re: 2016 Presidential Election

Postby stillrobertpaulsen » Fri Mar 27, 2015 4:58 pm

jingofever » Wed Mar 25, 2015 12:16 am wrote:Cruz's mother is an American citizen, born in Delaware, so Ted Cruz is also an American citizen, regardless of where he was born, unless it was Hawaii.


Shouldn't "unless it was Hawaii" be in green? :wink:
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Re: 2016 Presidential Election

Postby Iamwhomiam » Fri Mar 27, 2015 5:25 pm

Thanks, jingo.

Here another, more complete:

http://www.theodora.com/ina_96_title_3.html

https://www.law.cornell.edu/uscode/text/8/1401

I still think this law could be sorely misused by a 'sleeper'.

As the sleeper's we elect would never do.
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Re: 2016 Presidential Election

Postby Belligerent Savant » Fri Mar 27, 2015 6:04 pm

.
Iamwhomiam » Fri Mar 27, 2015 3:01 pm wrote:Should we not discuss the candidacy of a racist religious fanatic, that we just ignore Cruz? or all candidates, since the game is fixed?


Indeed.

Shall we pay mind to the rabble, or not? By not paying mind, are we complicit in the outcome, or is the outcome pre-determined/inevitable regardless, given the ubiquitous power/influence of the National Election Machine, which only grows in clout with each election cycle?

Are we striking at the root, or hacking wildly at the branches?

All rhetorical. I frankly ask myself these questions every four years (or rather, every week on topics beyond mere 'elections').
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Re: 2016 Presidential Election

Postby Nordic » Fri Mar 27, 2015 7:14 pm

We are certainly not complicit in any outcome.

We have zero power unless we have a full blown revolution of some kind.
"He who wounds the ecosphere literally wounds God" -- Philip K. Dick
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