Posted on 02/03/2016 5:59:48 AM PST by Cincinatus' Wife
The Illinois Board of Elections of Monday ruled on a birther challenge to Texas Sen. Ted Cruz's eligibility to be on the Illinois March 15th primary ballot. The board said that, "Further discussion on this issue is unnecessary." As they rejected the challenge, as well as another separate challenge against Sen. Marco Rubio.
Popular Grove lawyer Lawrence Joyce brought the challenge, he was one of the lawyers representing people in 2008 and into 2009 seeking to have Barack Obama disqualified from serving as President using the same birther arguments that were made against Cruz. Those birther challenges against President Obama were laughed out of every courtroom that heard them.
Joyce and other birthers like GOP presidential candidate Donald Trump, are of the belief that because Cruz was born to an American mother, while she was living and working in Canada, he is not a Natural Born Citizen of the United States, which is a requirement under Article II of the Constitution to be eligible to be President.
English Common Law(the basis of the American legal system), the nations first immigration laws, legal and Supreme Court precedent, and the fact that Cruz never had to go through the naturalization process all say that Ted Cruz was an American citizen at the moment of his birth, and is thus a Natural Born citizen. Not to mention the immigration law in effect at the time of Cruz's birth.
That last point about naturalization was cited by the Illinois Board of Elections in rejecting Mr. Joyce's challenge.
From the Huffington Post:
"The Candidate is a natural born citizen by virtue of being born in Canada to his mother who was a U.S. citizen at the time of his birth," the board said, reasoning that Cruz met the criteria because he "did not have to take any steps or go through a naturalization process at some point after birth."
A second birther challenge against Ted Cruz from one William Graham was dismissed by the IL Board of Education because of improper filing.
Cruz's Illinois lawyer Sharee Langenstein, a constitutional lawyer and 2nd amendment lobbyist, says that the Board of Elections agreed with her legal rebuttal to Joyce that a state agency has no authority to decide matters of federal law, in making their ruling in favor of Cruz.
By denying the birther challenges against Cruz and certifying him for the ballot the Illinois Board of Elections also affirmed that Cruz is a Natural Born Citizen.
Langenstein says that, "It's ironic that birthers think they know the constitution so well, but they file cases that deal with federal law in state administrative agencies that have no jurisdiction or authority to make that decision in the first place."
There are still a few of us who now that natural born citizen derives from natural law and reason.
Born here of citizen parents.
No possibility of being anything but a US citizen.
One is NATURALLY a US citizen when one cannot be anything else.
Be sure to read the actual commission statement. It’s thoroughly disgusting and worthy of legal punishment somewhere down the road with a government that is not corrupt.
who know
If only you were as concerned with Trump’s credibility as a Republican conservative as you are with Cruz’ s or Rubio’s birth status. But keep attacking your fellow Republicans. It earned your buddy Trump a nice shiny first loser medal in Iowa.
If the qualification has now been lowered to one US citizen parent - at least at one time - then we have opened a terrible door.
If not for Obama probably Cruz wouldn’t even be trying this.
And now Cruz has even a lower standard of citizenship by not being abot to claim being born on the soil.
It’s beyond me why so many cannot see the precedent this is setting up.
You have to admire the Democrats. They don’t have this kind of crazy on their side. They got their guy elected and accomplished exactly what they wanted.
On our side, we eat our own, watch the country go to shit and pat ourselves on the back saying “We beat Cruz but we still have our principles. WHAT?? YOU CAN’T MAKE MY BUY HEALTH INSURANCE!”
The original definition is born here of citizen parents.
One is NATURALLY a US citizen when one cannot be anything else.
The new definition of simply being born a citizen, even if only on one’s mother’s side, makes every anchor baby and Winston Chruchill eligible.
That is not what the founders had in mind.
Obama? Well he’s not qualified. Even now, 7 years later. The guys the devil.
Ted Cruz? Well, he’s my guy so drop it guys. You guys are just haters. Ted Cruz is is eligible and awesome.
I think a candidate should have 100% American-soil/born ancestry for three generations in order to be qualified. (American soil would include overseas military bases.)
You mention “divided loyalties”, and that’s huge. The “old country” in their minds and hearts would dilute their patriotism to America.
Of course, that would disqualify all of the top three candidates.
Probably a million things wrong with my idea, but FWIW...
Right decision. Wrong reasoning.
Cruz is a NBC because his American citizen mother had sufficient time as a resident of the United States at the time of his birth.
OTOH, Obama's mother did not.
Under the board's faulty reasoning, it could be (incorrectly) argued that Cruz isn't an American citizen at all.
http://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=083/llcg083.db&recNum=1040
... whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed; Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government.
One can bring all the Supreme Court cases supporting their argument they want, however, unless those arguments are built upon this one fact of expatriation and the above law that is codified in Title 8, and the reason the US State Dept.’s hands were tied when it came to getting the dual Iranian-American citizens released from Iranian jails. Those people entered Iran on their Iranian passports, therefore, under the US law as well as the Iranian law, when they were arrested, they were arrested as Iranian citizens.
American citizens need to wake up to this fact of law and push your representatives in DC to shut down the ‘turning a blind eye’ to this law because it does matter, it is the fundamental glue that was to keep foreign intrigue from infiltrating our government from within. It is the fundamental glue that give the US State Dept. the legal standing in any foreign nation, to act upon the behalf of its citizens abroad, which is very clear in Sec 2 of the Act,
Sec. 2. And be it further enacted, That all naturalized citizens of the United States, while in foreign states, shall be entitled to, and shall receive from this government, the same protection of persons and property that is accorded to native-born citizens in like situations and circumstances. This is not my opinion, this IS the LAW! And it is the LAW that ALL cases brought on this subject fail to address. Well, the court is not going to entertain that which is not put in front of them and THAT is where the majority of people fail in the courts, they fail to bring the case on the proper grounds!
“We beat Cruz but we still have our principles.”
Frankly, your comments reek of deadly stupidity. You fail to see how they can use this illegal redefinition of citizenship later on in the long game to take away your citizenship by simply using their mob power to pass laws to criminalize your very existence. Once you remove the protection of the Constitution in this way, the Constitution will no longer have the Rule of Law and the Bill of Rights to protect you against their infringements of the Constitution and Bill of Rights. By allowing this seemingly unimportant to you bit of the Constitution to be chipped off, you are opening up the crack for the dam to burst open onto the top of your head and everyone else around you in America.
IRREFUTABLE AUTHORITY HAS SPOKEN
(Oct. 18, 2009) The Post & Email has in several articles mentioned that the Supreme Court of the United States has given the definition of what a “natural born citizen” is. Since being a natural born citizen is an objective qualification and requirement of office for the U.S. President (and VP), it is important for all U.S. Citizens to understand what this term means.
http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen/
“Cruz is a NBC because his American citizen mother had sufficient time as a resident of the United States at the time of his birth.”
It is physically impossible for Ted Cruz to be a natural born citizen, because he was born abroad, and no person born abroad can acquire U.S. citizenship by any means other than by naturalization.
At birth, Cruz was a natural born Canadian because he was born to legal permanent residents, his father having applied for Canadian citizenship which he had attained when the family returned to the U.S.
Sorry, but you are simply wrong about Cruz's nationality at birth, and you were right about the court's decision because the case was brought based upon the wrong US Law.
http://www.freerepublic.com/focus/news/3392195/posts?page=31#31
I don't see how that is setting up any terrible precedent.
If the wife of a soldier gives birth on a base overseas the day after the soldier dies on the battlefield, technically that child only has one citizen parent at the time it was born. Should it be a citizen?
Let's say a U.S. woman is raped and gives birth out of the country. Since the citizenship of the father is unknown, should the child not be a U.S. citizen?
I would agree that if Cruz's mother was not a citizen at the time of his birth he would not be a citizen but I don't think there is any credible evidence that points to that. Every accusation I have heard seems to be just desperate flinging of crap on the wall by Trump fanatics trying to come up with something.
Surprise, surprise. And right in Obama’s backyard. We can’t let the citizenship of a first term Senator, Harvard constitutional lawyer with only a single American parent, a dual citizenship whose records are sealed impact that of another first term Senator, Harvard constitutional lawyer with only a single American parent, a dual citizenship whose records are sealed can we?”
Wasn’t Obama born in Hawaii? And where are Cruz records sealed? If anything, it has been pretty transparent, but not good enough for the birthers.
Yes, Obama was born in Hawaii with an American mother and a Kenyan father, with British citizenship. He at least was born in the US. Cruz was born in Canada with an American mother and a Cuban father, with Cuban or Canadian citizenship, who knows.
Have you seen a Consular Report of Birth Abroad for Cruz? I haven’t. His Selective Service was allegedly procured through application of a Pell Grant with much of the form not shown or redacted. Did his parents just waltz back over the board or did they fill out the proper paperwork? Did his father renounce his Cuban citizenship and become a Canadian citizen or not? He did not become an American citizen until 2005.
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.