Will Judge Roberts be the deciding vote?
Posted on 01/15/2016 1:05:44 PM PST by jimbo123
A Houston lawyer has filed the first lawsuit challenging Ted Cruz's eligibility to run for president. While there's a serious question as to whether Newton B. Schwartz Sr., an 85-year-old private attorney, is himself eligible to sue, plenty of other people will be in a position to force the matter before a judge as Cruz advances in the polls.
"All the people in state government who have to put Cruz on the ballot should in theory be asking themselves, 'is he eligible?'" said Scott Gant, a partner in the Washington office of Boies, Schiller & Flexner who has written a book on the First Amendment and taught constitutional law at Georgetown Law School. "If he actually became president, there is a 100% chance someone with standing will challenge."
The answer hinges, of course on the meaning of "natural born citizen" in Article II, Section 1 of the U.S. Constitution. Cruz, who was born in Canada to parents who were U.S. citizens, says it is "settled law" that all children of U.S. citizens are themselves citizens regardless of where they were born. But Mary Brigid McManamon, a constitutional scholar at Widener University's Delaware Law School, argues in a Washington Post article that the 18th century common-law definition of "natural born" applies, and that means born within the borders of the nation.
Maybe McManamon is right, but a more fundamental question looms: Who decides? The answer isn't as simple as might appear.
(Excerpt) Read more at forbes.com ...
I think I’m gonna puke.
The Founders decided. No other opinion matters.
Such selective scrutiny when this issue has come up several times in the recent past: McCain, Romney, Obama, Rubio
the judiciary did nothing but protect and enable Obama for 7 years
the judiciary has rendered itself (along with the Constitution) irrelevant
at least as long as the current people “serve” there
Are all the ‘love children’ fathered by our servicemen around the world also eligible to be president, since they have one American parent?
What did they decide? Is he in or out?
I've called my Senators and Representative. I've asked for a written answer to the question. I shared the Rogers v. Bellei case, explaining briefly that it would tack "naturalized" to Cruz's citizenship (if the precedent was applied), and that this concerns me, because who don't know better might be voting for an unqualified candidate in the primary. I didn't insist that my reps follow my belief, just wondered what they would do if the issue was in Congress. Would they acquiesce, just on the basis of "the people have spoken, he won," or would they examine the constitutional consequences of Cruz's birth abroad.
I encourage everybody to do the same or similar.
apparently yes, since Obama anyway
Whether fake or not, team Obama did present some semblance of a US birth certificate. Cruz’s birth certificate shows him to be foreign born. Cruz attempted to muddy the water by making a false claim that Trump’s eligibility could be questioned. Harvard law school has not been well represented by the current White House resident, or this guy trying to win the keys to reside in the White House.
Even the a’hole who wrote the article can’t get it right.
He states that. “Cruz, who was born in Canada to parents who were US citizens”...
Mc Connell just said yesterday the Senate would not touch the issue
Looks like the potato has been passed to SCOTUS
Move over. Leave a space for me.
Good point.
I don’t think he got it right wrt to eligible for president, either. I think it’s about the Senate, unless I misunderstood.
Obama has presented no Birth Certificate. Indeed, he’s spent a small fortune to cover up and hide every possible document that could possibly establish his real identity, immigration status, or citizenships
(Obama posted a pixel image ....only...yes, the one many experts said was faked or Photoshopped.... whatever, he has never ever let loose of a $10 real BCett, tho, ....preferring to spend over $2 million in legal fees and expenses to hide it from us)
Put simply, we do not know where he was born.
(neither does he, apparently, as his books said he was born in Kenya and he himself has said he was born in two DIFFERENT Hawaiian hospitals, and his grandmama and aunt said they were present at his birth in Kenya, and and...)
Nevertheless, his birth PLACE does not matter so long as he sticks to his story that his Daddy was Kenyan...he’s ineligible
I did not call what was presented legitimate... But his crew sure knew what need be presented hence they produced a paper to make born in US appear official. Cruz’s birth certificate says foreign born!
yes understood, Canada... versus Kenya or Uranus (for all we know), got it.
Thanks!
(note that a proper judicial examination would look for both factors...so Obama’s BC game was an audacious PR ploy...which diverted the discussion away from his Daddy — a complete loser for Obama......to the ‘authenticity’ of his pixel display....which did damage Obama’s image of course but nevertheless turned the discussion away from his Daddy!...so a major- league Victory for The One! he’s been allowed to stay in office all this time...)
I’m wrong. It is about prez. He should have gone for Senate because he’d have a better chance for standing as a Texas voter.
and it starts just like Trump said it would.
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