"There is always a philosophy for lack of courage."—Albert Camus

Thursday, March 31, 2016

On Ted Cruz's Eligibility for the Presidency

James Bayard, A Brief Exposition of the Constitution of the United States 96 (Philadelphia, Hogan & Thompson 1833) (“It is not necessary that a man should be born in this country, to be ‘a natural born citizen.’ It is only requisite he should be a citizen by birth, and that is the case with all the children of citizens who have ever resided in this country, though born in a foreign country.”).

Senator Bayard’s treatise was not cited in: Professor Mary Brigid McManamon, The Natural Born Citizen Clause as Originally Understood, 64 Catholic University Law Review 317, 318 (2015) (As I researched the [Natural Born Citizen] Clause, it quickly became clear to me that most modern scholars had made virtually no attempt to wrestle with the text of the Constitution and their historical analyses were negligent at best. (footnote omitted)). 


Seth

PS: My co-bloggers do good work. So, please have a look around New Reform Club

Twitter: https://twitter.com/SethBTillman ( @SethBTillman )

My prior post is [here]: Seth Barrett Tillman, The Two Discourses: How Non-Originalists Popularize Originalism and What that MeansThe New Reform Club (Mar. 28, 2016, 9:22 AM). 

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