GOP presidential
candidate and constitutional scholar Andy Martin will hold a Washington, DC
news conference today, January 31st, to wrap up the Ted Cruz Birther
Summit/National Conversation at the Capital Hilton. Andy has been an adjunct
professor of law and has litigated constitutional cases. The
Summit/Conversation has explored in depth questions that have been raised concerning
Ted Cruz’ Canadian birth; the conference could be influential with undecided
voters in Iowa
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Republican candidate for
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FOR
IMMEDIATE RELEASE:
Attention,
Washington DC
Announcement
of news conference Sunday, January 31st
GOP
presidential candidate Andy Martin closes the Ted Cruz Birther Summit/National
Conversation at the Capital Hilton
The
national Summit/Conversation issues a “Closing Report” on Cruz’ eligibility
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(New York January 31, 2016 ) Republican presidential candidate and constitutional scholar/litigator Andy
Martin will hold a news conference at the Capital Hilton today, Sunday, January
31st, to end the Ted Cruz Birther Summit/National Conversation with a Closing
Report and analysis of Senator Ted Cruz’ eligibility to be elected president.
Andy is the constitutional scholar and
litigator who over a decade ago raised the first concerns about President
Barack Obama’s eligibility under the Natural Born Citizen Clause of the U. S.
Andy returns to New York New Hampshire
The three-day Summit/Conversation explored
in depth (a) questions about the original intent of the Founders who drafted
the Constitution; (b) subsequent constitutional amendments and their effect, if
any, on the Natural Born Citizen (“NBC”) Clause, and (c) modern trends in
constitutional interpretation and their impact on the NBC Clause.
“The term ‘Birther’ was originally intended
by the media to be a pejorative description of anyone who challenged Barack
Obama’s family history. The liberal media were insulating Obama from the many questions
raised by his mysterious past,” Andy says. “But long ago I accepted the word ‘Birther’
as shorthand for a generalized expression of concern for constitutional
eligibility under the Natural Born Citizen Clause.
“Although Senator Cruz was invited to
cooperate and send someone on his behalf to our Washington
“Ironically, many in the liberal media
support Cruz’s point of view that he is eligible under the NBC Clause. The
liberal media take a ‘liberal’ view of constitutional interpretation. Conservatives
within Cruz’ own base, on the other hand, manifest the most concern about
whether Cruz satisfies the constitutional mandate of being a Natural Born
Citizen. One Poll has claimed that more than a third (36%) of Republicans have
some doubts as to Cruz’ eligibility (please see link [1] below).
“While I previously raised and addressed almost
all of the NBC Clause issues in the context of Barack Obama’s candidacy, see group
link [2] below, and expressed my expert opinions at that time, this weekend we
took a fresh look at the NBC Clause question. Other law professors have also
expressed their views, see group link [3] below.
“In order to permit opportunities for the
broadest possible participation and discussion we conducted an evening session
on Friday the 29th, an afternoon session on Saturday the 30th and a morning
session on Sunday the 31st.
“People who have read my work on Obama over
the past twelve years know that when I don my candidate’s ‘hat’ I express my
own partisan views. But when, as in the Summit/National Conservation, I
undertake to conduct a scholarly discussion, I try to be scrupulously fair and
impartial. I will, however, have more critical comments about Senator Cruz next
week, but not in the context of today’s Summit/Conversation.
“Iowa Iowa Washington
While in Washington
Andy can be reached today through the
Capital Hilton switchboard (202) 393-1000 until 1:00 P. M., or through his cell
phone (917) 664-9329 at National Airport, or through his national contact
information at the top of this page after he leaves Washington.
-----
CLOSING REPORT OF THE TED CRUZ BIRTHER
SUMMIT/NATIONAL CONVERSATION
I. The origins of the Natural Born
Citizen Clause
A. What the Founders feared in adopting
the NBC Clause
We forget today how completely fragile the
“United
States America
B. The restrictiveness of the NBC Clause
The NBC Clause is intended to be very
restrictive. The Founders wanted to limit, not expand, the range of persons who
were eligible to be elected president. So it is simply meaningless to say the
clause “disqualifies” or “discriminates” or is “unfair.” The clause was
intended to be precisely that. Senators and Representatives need only be
“citizens;” only the President must be a ‘Natural Born Citizen.” The common law
was highly evolved around the time the Constitution was adopted. The term
“natural born” had a recognized common law meaning. The Founders knew exactly
what they were doing when they adopted the restrictive language for
presidential eligibility.
C. Canons (“principles”) of
constitutional construction
The Common Law developed in part through
“canons” of construction, not unlike canons in ecclesiastical law. A “canon” is
a generalized principle of law that directs how a legal question should
initially be approached. One canon applicable to the NBC Clause is that all
words have meaning, and that words are inserted with a meaning. Senators and
Representatives need only be “citizens.” The NBC Clause applies solely to the
office of president. The canon of statutory constriction that words mean
something, and that special words mean something special, mandate that the
phrase NBC means something, something specific and something special. So we
can’t just ignore the NBC Clause.
II. Subsequent Constitutional Amendments
and statutory enactments
A. Congress cannot amend the NBC Clause
There have been claims that after enactment
of the Constitution Congress adopted laws that broadened the scope of the NBC Clause.
Congress lacks any jurisdiction to amend or modify that clause. Congress has
broad powers under the “naturalization” provision of the Constitution to create
rights to citizenship, but those powers are entirely separate from the
inviolate NBC Clause.
B. Did the Civil Rights Amendments
modify the NBC Clause?
After the Civil War the nation passed the
Civil Rights Amendments abolishing slavery and imposing rights applicable to
the states under the Fourteenth Amendment. Some people argue that the “subject
to the jurisdiction” language of the Fourteenth Amendment was intended to
modify the restrictions of the NBC Clause. I do not believe the Supreme Court
would recognize that argument. There is no question that the Fourteenth Amendment
broadened access to citizenship, but that amendment was focused on remedying
the horrors of slavery, not modifying the NBC Clause.
C. Have Supreme Court decisions “amended”
the NBC Clause?
The Supreme Court lacks any authority to
modify or dilute the NBC Clause. Only an actual and specific amendment to the
Constitution can effect such a change. In fact, even liberals acknowledge the
immutability of the NBC Clause. There have been several proposals in recent
decades to adopt a specific constitutional amendment modifying or eliminating
the NBC Clause. None have been approved by Congress, the first step in
implementing a constitutional amendment.
A. “Originalist” interpretation vs.
modern interpretation of old laws and constitutional provisions
Beginning perhaps with the Nixon presidency
conservatives have vocally argued for implementing only the “original intent”
of the Founders when they originally approved the Constitution. Liberals tend
to follow the view that the Constitution is a “living” document and that
interpretations can change. I agree with both approaches. The starting place must
always be the original language and intent; but if that language and intent
lead to an illogical or inconsistent result, modern generations can approve a
Constitution that meets their needs. The “originalists” have been vocal
advocates for their point of view; but over almost the past half a century the
“living constitution” advocates have continued to prevail in actual Supreme
Court decisions.
IV. The “Case or Controversy” principle
of the Supreme Court
The Constitution only gives the Supreme
Court jurisdiction in “cases or controversies.” The doctrine of “standing” is
nowhere mentioned in the Constitution. But to effectuate the case or
controversy limitation on it powers the Supreme Court developed the doctrine of
“standing,” i.e. a requirement that a litigant must have an actual interest,
and not merely a hypothetical or generalized interest, in a lawsuit which the
court is asked to resolve.
There are already lawsuits involving Cruz’
eligibility. But because they are generalized attacks on Cruz these cases are
unlikely to succeed one way or the other. I can’t predict with ironclad
certainty whom the court would allow to challenge Cruz’ eligibility, but at a
minimum that person would have to present more than a mere “public” interest in
Cruz’ eligibility. The most likely challengers are actual, legally qualified candidates
who are either running against Cruz or lose to him.
The “standing” doctrine raises a
significant barrier to any lawsuits involving Cruz’ eligibility.
V. Andy Martin’s matrix for NBC Clause
analysis
Lawyers love procedures. They love rules.
And they love “process.” Here is my proposed method for analyzing NBC Clause
cases:
If a presidential candidate was actually born
in the United
States United States
The only exception to this analytical
matrix should be for persons born to U. S.
Because Cruz was born outside the United States
VI. The Bottom Line on eligibility: Ted
Cruz’ ‘Conundrum’
Ted Cruz’ constitutional eligibility to
serve as president is a conundrum. If you follow the principles of
“originalist” interpretation that have been conservative dogma since the Nixon
era, and which Cruz has always advanced in his own constitutional advocacy,
there is serious doubt that the Founders intended for Cruz to be eligible.
If, on the other hand, you follow modern
principles of constitutional interpretation, there is a valid basis for Cruz to
be deemed eligible. There are still clouds and doubts, however, since all of
the facts concerning his family’s presence in Canada U. S.
If Cruz was elected president, and during
his candidacy for the office, there would always be claims that he is not
eligible under the NBC Clause. Cruz cannot escape them. Even under modern
interpretations of eligibility, Cruz’ birth in Canada U. S.
Is there a court that will address Cruz’
eligibility? There is serious doubt under the “standing” doctrine that a court
will do so, unless a losing candidate or opposing candidate of Cruz’ elects to
challenge him in court. Cruz’ claim that the matter has been put to rest by
earlier judicial decisions is simply not true.
The Ted Cruz constitutional conundrum
continues and will continue until Cruz is either defeated or a court actually
rules definitively in a case where he is an actual party.
-----
January 31st Washington DC
Who:
GOP Presidential
candidate and constitutional law expert Andy Martin
What:
Andy Martin closes the
Ted Cruz Birther Summit/National Conversation at the Capital Hilton
Where:
Capital Hilton, 1001 16th Street NW , Washington , DC Suite 677
When:
Sunday, January 31, 2016 ; 1:00 P.M.
-------
LINKS TO THIS STORY
(cut and paste the entire link below and not just the underlined
portion):
[1]
http://www.cnn.com/2016/01/20/politics/donald-trump-lead-ted-cruz-citizenship-monmouth-poll/
[2]
https://contrariancommentary.wordpress.com/2010/05/26/barack-obama-is-ineligible-to-be-president-andy-martin-explains-why-in-simple-understandable-terms/
https://www.youtube.com/watch?v=jQapt3B-W-w
[3]
https://www.washingtonpost.com/opinions/its-time-to-remove-the-natural-born-citizen-requirement-from-the-constitution/2016/01/15/ac2c9ae8-b589-11e5-a76a-0b5145e8679a_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory
https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html
http://chicago.suntimes.com/opinion/7/71/1265855/opinion-cruz-really-natural-born-american
http://www.msnbc.com/rachel-maddow/watch/tribe-cruz-a-constitutional-opportunist-602221635703
New citations after emailing:
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ANDY MARTIN - A BRIEF BIO :
Andy Martin is a legendary New Hampshire, New
York Washington USA
Andy has also been a leading
corruption fighter in American politics and courts for over forty-five years
and is executive director of the National Anti-Corruption Policy Institute. See
also www.FirstRespondersOnline.us;
www.AmericaisReadyforReform.com.
He holds a Juris Doctor
degree from the University of Illinois College of Law and is a former adjunct
professor of law at the City University of New York (LaGuardia CC, Bronx CC).
He is the author of “Obama: The Man Behind
The Mask” [www.OrangeStatePress.com] and produced the Internet film “Obama: The
Hawaii
Andy’s family immigrated to Manchester,
New Hampshire 100 years ago in 1916 (see www.AndyNewHampshire100.com); today
his home overlooks the Merrimack River and he lives around the corner from
where he played as a small boy. He is New
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