Tuesday, January 12, 2016

Ted Cruz Can't Become President

Back in 2008, there was a question about citizenship qualifications in regards to becoming President of the United States, but it wasn't Barack Obama's citizenship that was in question.  It was John McCain's.

First, let me get this out of the way; President Obama was born in Hawaii.  He was born in the United States.  Anyone who thinks differently is either dumb as a sack of rocks, or so twisted by partisanship, they can't even see reality anymore.

Where our current President's citizenship is unquestionable, there was a slight problem with the citizenship of Senator John McCain.  He was born in the Panama Canal territory, a region that was under US jurisdiction and control at the time of his birth.  He was born in a US Military hospital, on US controlled territory, but he wasn't born in the United States.  Constitutional scholars went over the requirements to be eligible for the presidency and they all concluded one undeniable fact; if you were born in the Untied States itself, you're qualified.  If you were not born in the United States, even if your parents were American citizens, you're not eligible for the presidency.  It's actually pretty cut and dry, Constitutionally.

Where McCain fell, as the first presidential candidate born outside of the 50 United States, was a mystery, because the founding fathers didn't have the foresight of the United States becoming a country controlling territories across the globe.  It was determined, after a bipartisan legal review, that he was eligible, and a Senate resolution was passed to make it look official, but a resolution which was non-binding and raised a lot of Constitutional scholar's eyebrows.  The feeling was there were serious questions about the legality of McCain's citizenship eligibility, but since he lost, no blood, no foul.

By the way, these valid questions about McCain were the start of the unfounded and ludicrous questions about Obama's legal standing.  The "no, your guy's worse" pettiness of the modern Republicans got it's fertile beginnings with that issue.

This brings us to 2016, and to something I've been waiting to be addressed.  Ted Cruz, the Senator from Texas, was not born in the United States.  He was born in Canada.  This is not up for a debate.  He's not eligible for the Presidency.  He's just not, but for some reason, the same people who've insisted President Obama is a secret Muslim Kenyan felt as if they could just skip past this campaign ending, 'minor' problem.  Mary Brigid McManamon of the Washington Post has a clear cut breakdown on why Ted Cruz can't be President (https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html).

The most condemning part of her article is how smart legal people, who are conservatives, have purposely played dumb in an effort to make something that doesn't exist in the Constitution (an exception for Presidential eligibility for people born in foreign countries to an American parent/parents), appear like it IS part of the Constitution.  For Ted Cruz to be eligible for the Presidency, we'd need a Constitutional Amendment passed allowing it.  No, a Senate resolution will not cut it (on a side note - Mitch McConnell, Republican Senate majority leader and turtle, has insisted he will not pass one for Cruz.  Christmas spirit gone!).

And if you are expecting everyone to accept this minor loophole, reminder, it only takes one US citizen to legally question the citizenship of the President.  As opposed to dolts who keep being told the current President's birth certificate really exists in Hawaii, this challenge would have teeth.  Multiple people could bring it up in multiple circuit courts around the country, and I guarantee it would be fast-tracked to the Supreme Court.  Of course Alito and Thomas would go for Cruz, but Scalia?  As much of a blowhard as he is, he's a strict Constitutionalist.  If he abides by his standards, he'd rule against Cruz.  Can you image the mess we'd have on our hands if the President elect was deemed unqualified AFTER the election.

Ted Cruz and Republicans, you need to figure this out, NOW!  I think you'll come to the realization that it's time to send Ted Cruz back home to Winnipeg...I mean Texas.

No comments:

Post a Comment

Please feel free to leave a comment. I'll review it and as long as it's not dirty, I'll post it (even if you disagree with me).