Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Regardless of Canadian birth, Ted Cruz survives ballot challenge in New Hampshire
Dallas Morning News ^ | November 24, 2015 | Todd J. Gillman

Posted on 11/25/2015 10:02:47 AM PST by Isara

WASHINGTON - The New Hampshire ballot commission today rejected efforts to kick Canada-born Sen. Ted Cruz off the primary ballot based on his birth outside the United States.

That clears a key legal and political obstacle as the Texas Republican seeks the GOP nomination for president. But it's not a clear win on the question of eligibility.

Rather, the panel found that with the law of eligibility so murky, it can't second-guess the senator's own claims that he passes constitutional muster.....

...

Two asserted that Cruz is not a "natural born citizen" - the phrase used in the Constitution when discussing eligibility to serve as president - because he was born in Calgary, Alberta.

...

A third challenge hinged on the fact that one of Cruz's parents, his father, Cuban-born Rafael Cruz, was not a U.S. citizen at the time of Ted Cruz's birth.

...

An attorney for Cruz, Bryan Gould, submitted a 24-page brief ahead of time and represented Cruz at the hearing. He argued that two of the people challenging Cruz lacked standing - one is from New York, the other from Pennsylvania - and that even on the merits, Cruz's American citizenship at birth carries the day.

Cruz argued that only the Electoral College has the authority to judge whether someone is eligible to be president and, on appeal, the U.S. Congress.

...

"I'm really disappointed that they copped out," said Carmon Elliott, a Pittsburgh, Pa., retiree and a registered Democrat.

He crafted one of the challenges, also filed by a friend who lives in New Hampshire to ensure it wasn't dismissed for lack of standing. In 2008, Elliott filed a similar challenge aimed at Sen. John McCain, the eventual GOP nominee, who was born in the U.S.-controlled Panama Canal Zone.

...

(Excerpt) Read more at trailblazersblog.dallasnews.com ...


TOPICS: News/Current Events; Politics/Elections; US: New Hampshire
KEYWORDS: canadianbirth; cruz; cruzisnbc; elections; naturalborncitizen; tcruz; tedcruz
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-75 next last
To: DoodleDawg
When I researched him in the last run I was unable to find the naturalization date, if any, for the father of Sen. Rick Santorum.

His father Aldo Santorum was born Jan 9, 1923 in Riva de Garda, Italy, and arrived New York on Aug 20, 1930.
Emails to Rick and his sister were not answered.

41 posted on 11/25/2015 2:47:37 PM PST by ASA Vet (Trump is the only candidate since Reagan that I have actually WANTED to vote for.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: DiogenesLamp
If that is the source of "Natural Born" then why weren't slaves citizens?

What makes you think they weren't?

Why did we have to pass a law (the 14th amendment) if that was already the law?

Because of the Scott v. Sandford ruling.

42 posted on 11/25/2015 2:52:36 PM PST by DoodleDawg
[ Post Reply | Private Reply | To 37 | View Replies]

To: DoodleDawg
Update.. I just now checked the 1940 Census. Aldo Santorum, father of Rick, is shown to be naturalized.

Mother Catherine E Dughi was a US Citizen though her birth in PA.

Rick was born in 1958 in VA, of two US Citizen parents.

He is a Natural Born Citizen.

43 posted on 11/25/2015 2:57:45 PM PST by ASA Vet (Trump is the only candidate since Reagan that I have actually WANTED to vote for.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: GraceG

yes, President Chester Arthur (R) was the first usurper. Barry is #2.


44 posted on 11/25/2015 3:00:29 PM PST by ASA Vet (Trump is the only candidate since Reagan that I have actually WANTED to vote for.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: exit82
Rep. John A. Bingham, who later became the chief architect of the 14th Amendment, first section.

In the United States House on March 9, 1866
commenting upon Section 1992 of the Civil Rights Act, said that the Act was

(quote)simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself,

a natural born citizen. (unquote).

45 posted on 11/25/2015 3:08:07 PM PST by ASA Vet (Trump is the only candidate since Reagan that I have actually WANTED to vote for.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: exit82

It is evident from the historical evidence surrounding the NBC issue that the purpose of Article II Sec. I clause 5 was to minimize the likelihood of undue foreign influence on the office of the presidency, PARTICULARLY from a Father owing allegiance to a foreign sovereign. Cuba had a legal claim on Cruz’s allegiance from his birth thru his father, then still a Cuban citizen; no matter how difficult it may have been for them to enforce it. He is a US citizen by a STATUTE passed in 1953, not by virtue of natural law.

US citizenship did not transfer to a child thru the mother untill the passage of the Cable Act in 1934, quite a few years after the ratification of Article II of the constitution. EVERY ONE of the framers of the constitution was ineligible to assume the office of POTUS, save for the grandfather clause in Article II that allowed them to.

The founders relied upon the Emmerich De Vattelian definition from the Law of Nations for the definition of natural born citizen. SCOTUS cites the entire 212th paragraph from that tome to define NBC in their 1814 Venus merchantman decision. You see that definition again in Minor vs Happersett.

I LOVE Cruz. Intellectually and philosophically, he is almost a perfect presidential candidate. He is a patriot who loves his country and would probably be at least as great as Ronald Reagan. Despite that I believe in the rule of law as opposed to the cult of personality. There is NO WAY that I can regard Cruz as Article II eligible.

But if I MUST have an unconstitutional POTUS, let it be one who is otherwise good for the country as opposed to the Marxist usurper enemy alien combatant who currently infests the White Hut.


46 posted on 11/25/2015 3:11:08 PM PST by DMZFrank
[ Post Reply | Private Reply | To 16 | View Replies]

To: ASA Vet

Rafael Cruz was a Cuban citizen until 2005, 35 years after
his son Rafael Edward “Ted” Cruz was born in Canada.

***********************

It’s hard to get an accurate answer to all the linage and you’d think
that they would publish one with documentation to put the issue in it’s
correct timeframe. I’m assuming he must have renounced his Cuban citizenship
when he got his Canadain citizenship, but don’t know for sure.

Snip

“I worked in Canada for eight years,” Rafael Cruz says. “And while I was in Canada, I became a Canadian citizen.”

The elder Cruz says he renounced his Canadian citizenship when he finally became a U.S. citizen in 2005 - 48 years after leaving Cuba.

http://www.npr.org/sections/itsallpolitics/2013/06/20/193585553/how-ted-cruzs-father-shaped-his-views-on-immigration

*******

snip
After Cruz graduated from the University of Texas in 1961, he was granted
political asylum in the United States following the expiration of his student
visa. Cruz became a Canadian citizen during his residence in Canada, which
he renounced after returning to the United States. He became a naturalized
U.S. citizen in 2005.

https://en.wikipedia.org/wiki/Rafael_Bienvenido_Cruz


47 posted on 11/25/2015 3:32:25 PM PST by deport
[ Post Reply | Private Reply | To 40 | View Replies]

To: deport

Thank you for that additonal info. I didn’t know about his Canadian Citizenship. I’ll add it into my data base. This stuff will come up again and again.


48 posted on 11/25/2015 3:39:57 PM PST by ASA Vet (Trump is the only candidate since Reagan that I have actually WANTED to vote for.)
[ Post Reply | Private Reply | To 47 | View Replies]

To: LucyT

“...if Cruz is on the ticket whether as Pres or VP, the Dems and Hillary are coming after him...”

Well, duh!


49 posted on 11/25/2015 3:46:10 PM PST by SatinDoll (A NATURAL BORN CITIZEN IS BORN IN THE USA OF TWO USA CITIZENS)
[ Post Reply | Private Reply | To 36 | View Replies]

To: deport
And Rafael Edward Cruz renounced his Canadain Citizenship on May 14, 2014.....

snip

"This is to certify that the person named above has formally renounced Canadian citizenshp
and pursuant to the Citizenship Act will cease to be a citizen on" May 14, 2014, the letter read.


50 posted on 11/25/2015 3:48:05 PM PST by deport
[ Post Reply | Private Reply | To 47 | View Replies]

To: ASA Vet

Also see number 50 above

http://www.freerepublic.com/focus/news/3364921/posts?page=50#50


51 posted on 11/25/2015 3:55:37 PM PST by deport
[ Post Reply | Private Reply | To 48 | View Replies]

To: deport

May 14, 2014?


52 posted on 11/25/2015 4:14:40 PM PST by ASA Vet (Trump is the only candidate since Reagan that I have actually WANTED to vote for.)
[ Post Reply | Private Reply | To 51 | View Replies]

To: ASA Vet

May 14, 2014?

*****************

Yep he claimed he didn’t know he had Canadain citizenship until the
Dallas Morning News broke the story back in 2013.

See story:

Dual citizenship may pose problem if Ted Cruz seeks presidency

http://www.dallasnews.com/news/politics/headlines/20130818-ted-cruz-born-a-citizen-of-canada-under-the-countrys-immigration-rules.ece


53 posted on 11/25/2015 4:29:40 PM PST by deport
[ Post Reply | Private Reply | To 52 | View Replies]

To: cripplecreek; Isara

So in your mind Barry, Barrack, Hussein Soetoro, Obama, Harrison Brunel is full eligible after stealing the W.H., hmmm???


54 posted on 11/25/2015 4:31:39 PM PST by danamco (at)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Trumpinator

ALL Cruizers are without any principles to the Constitution for selfish reasons!!!


55 posted on 11/25/2015 4:34:25 PM PST by danamco (at)
[ Post Reply | Private Reply | To 6 | View Replies]

To: danamco
So in your mind Barry, Barrack, Hussein Soetoro, Obama, Harrison Brunel is full eligible after stealing the W.H., hmmm???

Take it up with JimRob little fella.

Editorial: Ted Cruz and the "birther" issue
56 posted on 11/25/2015 4:35:49 PM PST by cripplecreek (Pride goes before destruction, and a haughty spirit before a fall.)
[ Post Reply | Private Reply | To 54 | View Replies]

To: cripplecreek

Your post BIG mouth and no principles!!!


57 posted on 11/25/2015 6:01:53 PM PST by danamco (at)
[ Post Reply | Private Reply | To 56 | View Replies]

To: danamco

Take it up with the owner trash boy. (If you have the courage to do so)


58 posted on 11/25/2015 6:03:54 PM PST by cripplecreek (Pride goes before destruction, and a haughty spirit before a fall.)
[ Post Reply | Private Reply | To 57 | View Replies]

To: Red Steel; Isara

Before Cruz even hinted at a WH run the drive by’s were all exclaiming him to be eligible. Why? Because to declare him ineligible it would have to be based on his father’s citizenship and that would shine the bright light on the Kenyan’s alleged father’s citizenship.


59 posted on 11/25/2015 6:49:54 PM PST by GregNH (If you can't fight, please find a good place to hide!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: cripplecreek
I knew we only do it with a few countries [...]

Then why did you categorically assert, "Nope. We only do the dual citizenship thing with Canada"?

Regards,

60 posted on 11/25/2015 9:07:50 PM PST by alexander_busek (Extraordinary claims require extraordinary evidence.)
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-75 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson