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Under Ted Cruz’s own logic, he’s ineligible for the White House
Boston Globe ^ | 01/11/16 | Laurence H. Tribe

Posted on 01/15/2016 5:53:58 PM PST by Enlightened1

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To: Tzfat

“No matter what Trump spouts, Cruz cannot get a declaratory judgment.”

Actually he can and Trump is right... look it up.


61 posted on 01/15/2016 6:37:47 PM PST by babygene (Make America Great Again)
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To: Dstorm

My understanding is that Declaratory Judgments move pretty fast. Lawsuits don’t. Cruz has missed his chance now that lawsuits have been filed. They will likely hang over him till the convention or he drops out.


62 posted on 01/15/2016 6:41:16 PM PST by DannyTN
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To: Enlightened1
But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an "originalist," one who claims to be bound by the narrowly historical meaning of the Constitution's terms at the time of their adoption. To his kind of judge, Cruz ironically wouldn't be eligible, because the legal principles that prevailed in the 1780s and '90s required that someone actually be born on US soil to be a "natural born" citizen. Even having two US parents wouldn't suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.

S'cuse me, but all of the above is bovine excrement!

63 posted on 01/15/2016 6:44:22 PM PST by Cold Heat
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To: conservativejoy

So the only think that proves is : he wasn’t a very good at least not the best lawyer
My dad represented a couple of murders does that make him a murder?

Anecdote: dad clerked in federal system so was aware of federal laws
A month before gore vs bush was settled he placed the exact law and final vote it would be settled o. And gave the paper to local judge. When it was announced he was 100% correct. Very smart


64 posted on 01/15/2016 6:44:57 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: DannyTN
Cruz has missed his chance now that lawsuits have been filed.

You must be watching WHoraldo.... You cannot petition the court for a judgment on yourself or your opinion.. There has to be a case. With standing.

65 posted on 01/15/2016 6:47:11 PM PST by Cold Heat
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To: DannyTN

What court would do that on this question? Your whole argument is a strawman so can tear down Cruz. I have skin in this game your playing, to me it isn’t about Cruz, it’s about my children.


66 posted on 01/15/2016 6:48:52 PM PST by Dstorm (Cruz 2016)
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To: DannyTN

They have t been filed against RNC who has standing. They will be damaged
One of the Texan suits lawyer license is questionable


67 posted on 01/15/2016 6:49:30 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: DannyTN
Go get a Declaratory Judgement from a Federal Judge.

No Federal judge would grant or would ever grant such a declaratory judgement.

I asked for serious suggestions, not bar talk.

And you give me DRUNK bar talk.

68 posted on 01/15/2016 6:51:33 PM PST by John Valentine (Deep in the Heart of Texas)
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To: Cold Heat
"You must be watching WHoraldo.... You cannot petition the court for a judgment on yourself or your opinion.. There has to be a case. With standing."

Wikipedia Declaratory Judgment

"A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed;"

It's too late now. A lawsuit has been filed.

69 posted on 01/15/2016 6:52:11 PM PST by DannyTN
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To: DannyTN

But the judges always send up to SCOTUS when it is not settled by case history but directly from the constitution. Very few cases fall in that category. So few that it’s hardly covered in law school. That’s why so many lawyers are making uneducated comments


70 posted on 01/15/2016 6:52:20 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: Oklahoma

Look at it another way Oklahoma...This is one view of what Natural Born Citizen means. Tribe is an acknowledged Constitutional Authority, whether you agree with him or not on his points is moot. Since Tribe believes there is a question of eligibility, or at least sees how there could be one in the originalist view, then most certainly the democrat party will sue using these arguments.

Look, I am a Trump supporter, but also like Sen Cruz. Personally, I do not think Cruz could carry the general successfully. In my view, I would like to have it determined that he is Natural Born, and not by a talk show host or internet warriors. While he is not (imho) electable this go around, once Trump cleans the cesspool and introduces a work ethic in the general population, then I believe Sen Cruz is primed to take the mantle.

Rubio has problems along this route also because while he is a citizen, is he considered Natural Born?

These questions should not be tossed out due to standing but decided once and for all. BTW I did consider the current occupant ineligible to hold office. I found it ridiculous that every court threw out all suits due to lack of standing. If citizens do not have standing as they are the employer of the President, then I do not know who does have standing.


71 posted on 01/15/2016 6:52:27 PM PST by abigkahuna (Here now and whatever....)
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To: Dstorm

Your children will be better off with Trump. Cruz isn’t ready to run the nation. And he probably can’t win the general election despite how bad the democrat candidates are. Trump can win easily.


72 posted on 01/15/2016 6:54:33 PM PST by DannyTN
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To: abigkahuna

Well stated


73 posted on 01/15/2016 6:57:17 PM PST by hoosiermama (Make America Great Again by uniting Great Americans)
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To: DannyTN

The law suit has no standing...

No intervention was required or necessary.


74 posted on 01/15/2016 6:58:20 PM PST by Cold Heat
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To: DannyTN

Ted Cruz is the only REAL Conservative in the race! He supports the Original Intent of the Constitution! (Except Article II, Section 1, Clause 5 of course.)

Ted, and almost everyone else is trying to ignore the truth that both parents must be citizens.

75 posted on 01/15/2016 6:59:23 PM PST by Souled_Out (Our hope is in the power of God working through the hearts of people.)
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To: Souled_Out

“Ted, and almost everyone else is trying to ignore the truth that BOTH parents must be citizens.”

Yep, it is as plain as day in the 1790 wording. It says “citizens” as in mother and father. Not just one.


76 posted on 01/15/2016 7:04:31 PM PST by Parley Baer
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To: Enlightened1

Citizenship of both parents should be an overriding principle to birthplace.

Who the hell cares let alone remembers where they were born?
Maybe we are somewhat biased towards where we grew up, but born???

Our loyalties are based on life long experience and influence.. not a place where nobody remembers.

Parents determine where a child’s loyalties lie... not a place of birth.

Every time Obama was challenged on this issue, it was always about where he was born and not about his parents. It was a diversion then and it’s a diversion now.


77 posted on 01/15/2016 7:06:15 PM PST by Safrguns
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To: DannyTN

Dozens of lawsuits were filed challenging Ubama’s status.


78 posted on 01/15/2016 7:07:40 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: TigersEye

And none of them were ever resolved to anyone’s satisfaction.

I’m hoping at least one of these will be.


79 posted on 01/15/2016 7:10:32 PM PST by DannyTN
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To: DannyTN

None of them had standing. None will have regarding Cruz.


80 posted on 01/15/2016 7:11:47 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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