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9th Circuit Court Would Likely Keep Cruz Off Ballot
London Telegraph ^ | February 5th, 2016 | reasonmclucus

Posted on 02/05/2016 8:22:26 PM PST by kathsua

Those who think Sen. Ted Cruz can be elected to a job he isn’t eligible for are ignoring the 9th Circuit Court of Appeals in San Francisco. If Republicans make the mistake of nominating Cruz for President of the United States, Democrats in California and other states will challenge his eligibility. There’s at least a 90% probability the 9th Circuit Court in San Francisco would rule him ineligible because he is a naturalized citizen rather than a “natural born citizen” as required by the Constitution.

(Excerpt) Read more at my.telegraph.co.uk ...


TOPICS: Government; History; Politics
KEYWORDS: 1stcanadiansenator; 9thcircus; birthers; citizen; cruznbc; election; incomingbetimetds; president; reversals; tedcruz
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To: RC one

Just like an ambassador lives abroad or a soldier serving in another country lives abroad. They are still Americans and his mother was still an American.
Donald agrees with me, only his duped followers continue to think this is a real issue.


41 posted on 02/05/2016 8:48:23 PM PST by one Lord one faith one baptism
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To: kathsua

“. . .would rule him ineligible because he is a naturalized citizen”

Does anyone know when Cruz went through the naturalization process? I wasn’t aware that he did.

And there is only one other kind of American citizen.

This line of attack needs to be dropped now that Trump says Cruz may be his VP pick.


42 posted on 02/05/2016 8:50:42 PM PST by jeffersondem
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To: kathsua

So, when exactly did Ted Cruz become “naturalized”?

What nationality would he be if he were born on a Panamanian registered ship in the middle of the Pacific Ocean?


43 posted on 02/05/2016 8:52:10 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: one Lord one faith one baptism

RE: Yup, the SC would slap them down within 24 hours.

Depends on which side of the bed either John Roberts or Anthony Kennedy wakes up in the morning.

We already know how Sotomayor, Kagan, Ginsburg and Breyer will rule.


44 posted on 02/05/2016 8:52:20 PM PST by SeekAndFind
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To: kathsua

I think the SC would settle the issue by saying born a citizen = natural born. But I could be wrong. It would not hurt to have the issue settled. They might simply reverse the 9th but state that it is entirely up to Congress to decide. There is certainly an argument to be made for that as well.

I believe Cruz is a natural born citizen because his citizenship was naturally conveyed by his mother to him at birth. He was a citizen at birth under the 1952 naturalization act. He did need to be naturalized.


45 posted on 02/05/2016 8:53:36 PM PST by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: bigbob

You hit the nail directly on the head. Cruz supporters seem to think we Trump supporters dislike Cruz.
At least until recently, for me, that wasn’t the case at all. Cruz is as good a conservative as you might find. His insurmountable problem is that he’s foreign born.
What’s one thing we agree upon? That successful candidates seeking to take possession of the offices of the presidency or vice presidency must be natural born citizens. We have never elected a candidate born outside the USA. What does that tell you?
That generations of Americans have considered Americans who are not not born in America to not be natural born citizens.
What does this mean? That Cruz can’t be Trump’s veep either.
And that reminds me. Cruz renounced his Canadian citizenship after running for president. Has he ever confirmed that he is an American citizen?
Sorry to bust your chops with all these “laws”. But some of us want to return America to what she was before Obama. Ignoring the law is a bad way to start, a poor foundation upon which to build.


46 posted on 02/05/2016 8:54:40 PM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: one Lord one faith one baptism

Absolutely correct.

He is completely eligible to be POTUS.

These birther folks need to move on... Defeat the man on his conservative record and policy stances if you disagree, not on this nonsense.

Of course, they can’t, and the chief birther himself is nothing more than a liberal hack lying his face off, which of course is why they attack Cruz on idioms which are irrelevant.


47 posted on 02/05/2016 8:55:17 PM PST by plewis1250 (The pecking order: Christian, American, Conservative)
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To: originalbuckeye

Because we (Americans) voted liberals into positions of power, which is why we need to resist giving it to Trump, who is a lifelong liberal and has only recently began claiming conservative positions in an attempt to get the R nomination.


48 posted on 02/05/2016 8:55:49 PM PST by lifeline (The Bible alone and in its entirety is the Word of God.)
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To: one Lord one faith one baptism
The ambassador and the soldier are still in full allegiance to the United States. Cruz's mother was in allegiance to Canada as she was not there in any official government capacity. Cruz was born into the allegiance and jurisdiction of Canada, not the United States. Allegiance was owed to Canada by Ted and to Ted by Canada by virtue of having been born in Canadian jurisdiction; hence, his natural allegiance was to Canada regardless of his parent's status.

All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.

Justice Swayne, United States v. Rhodes, 1 Abbott, US 28 (Cir. Ct. Ky 1866)

Natural-born Citizens, those that are born within the jurisdiction of a national government; i.e., in its territorial limits, or those born of citizens, temporarily residing abroad.

William Cox Cochran, The student's law lexicon: a dictionary of legal words and phrases : with appendices, Pg. 185 (1888)

Citizens are either natural-born or naturalized. One who is born in the United States or under its jurisdiction is a natural-born citizen without reference to the nationality of his parents. Their presence here constitutes a temporary allegiance, sufficient to make a child a citizen.

Theodore Dwight, Edward Dwight, Commentaries on the law of persons and personal property, pg. 125 (1894)

49 posted on 02/05/2016 8:56:24 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: Red Steel

Even when Trump appoints another Alito (one of his fave Supremes) or Thomas....they won’t likely favor CRuz’s case.


50 posted on 02/05/2016 8:56:52 PM PST by Jane Long (Go Trump, go! Make America Safe Again :)
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To: RC one

The first 8 were Colonial British citizens. Not US Citizens as the US did not exist when they were born. America was still a British colony. They became Presidents AFTER the American Revolution which they instigated, fought and won. President Chester Arthur was the original Birther story.
http://www.cbsnews.com/news/the-original-birther-controversy/

Fact are important. So the graph at your link is wrong.


51 posted on 02/05/2016 8:57:20 PM PST by GailA (any politician that won't keep his word to Veterans/Military won't keep them to You!)
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To: kathsua

The 9th circus court? The most overturned court in the nation, that 9th circus court?


52 posted on 02/05/2016 8:57:23 PM PST by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: one Lord one faith one baptism

>>>Should give the Trump cultists pause that this leftist court would agree with them<<<

I’m not sure I get that. Is saying that the Democrats will attack Cruz on this the same as believing ALL those so called “Trump cultists” believe he isn’t Eligible?

From what I read here, some do and some don’t, but it really doesn’t matter. What matters is how this will go down if Cruz, my first choice BTW, is Nominated.

The Democrats will milk this for all it’s worth and even if their Lawsuits do not succeed some Voters, not just disgruntled Trump Supporters will still not be convinced.

That is the reality. Blaming Trump is like blaming the Canary for a gas filled Coal Mine.

I am of the mindset that more Trump Supporters would Vote for Cruz in the General Election than the other way around. Purely subjective on my part, just basing it on what I read on this Site.

Since I am an anybody but a DemoncRat kind of guy, I will Vote for the Republican Nominee no matter what, even Rubio.(though not happily)

Carry on. Just my $.02, your Mileage may vary.


53 posted on 02/05/2016 8:58:21 PM PST by Kickass Conservative (Get the CDS and TDS Vaccines before it's too late.)
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To: RC one

Sorry, but the first 7 Presidents were not born on US soil, they were born within the British commonwealth. In fact, they were citizens of Britain.

Yet somehow they were “natural born citizens”...

I wonder why... Maybe because they were citizens from the start of the country, and we’re not immigrants to said country.

Cruz is the same, he was and is a citizen from birth.

Deal. With. It.


54 posted on 02/05/2016 8:59:00 PM PST by plewis1250 (The pecking order: Christian, American, Conservative)
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To: RC one

May want to tell your overseer....he started the birther nonsense and failed then too.

55 posted on 02/05/2016 8:59:42 PM PST by RasterMaster ("Towering genius disdains a beaten path." - Abraham Lincoln)
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To: kathsua

The best thing Hillary has going for her is Trump, who is a friend to the Clintons.

Are the Clintons trustworthy?

Are friends of the Clintons trustworthy?


56 posted on 02/05/2016 9:00:10 PM PST by lifeline (The Bible alone and in its entirety is the Word of God.)
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To: RasterMaster

Eligible whether the constitution says so or not.

Fixed it.


57 posted on 02/05/2016 9:00:52 PM PST by DannyTN
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To: kathsua

This article is not “Telegraph”; it is a lunatic limey blog f*rt.

This is not going to get in from the 9th Circuit or any other.

Total horse puckey.


58 posted on 02/05/2016 9:01:05 PM PST by John Valentine (Deep in the Heart of Texas)
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To: GailA
Article II, section I, clause 5:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution,

The constitution made an exception for them. It did not make an exception for Ted Cruz.

As the President is required to be a native citizen of the United States. Natives are all persons born within the jurisdiction and allegiance of the United States.

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

59 posted on 02/05/2016 9:01:45 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: Lurkinanloomin

In your dreams.


60 posted on 02/05/2016 9:01:52 PM PST by John Valentine (Deep in the Heart of Texas)
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