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Trump supporters file 'birther' lawsuit against Cruz in federal court
The Hill ^ | 02/12/2016 | Bradford Richardson

Posted on 02/12/2016 11:22:56 AM PST by GIdget2004

Donald Trump supporters have filed a lawsuit challenging the eligibility of one of his primary rivals, Sen. Ted Cruz (R-Texas), to run for president.

The lawsuit, filed Feb. 3 at a district court in Alabama, seeks a judgment "declaring that Rafael Edward Cruz is ineligible to qualify/run/seek and be elected to the Office of the President of the United States of America" due to his Canadian birth. Cruz was born in Calgary, Canada, to an American mother.

The five plaintiffs — Sebastian Green, Shannon Duncan, Kathryn Spears, Kyle Spears and Jerry Parker — are all backing Trump in the Republican primary, according to AL.com.

(Excerpt) Read more at thehill.com ...


TOPICS: Canada; News/Current Events; Politics/Elections; US: Alabama
KEYWORDS: birthers; birthorama; cruz; cruznbc; nostanding; orly; repositorycruz; tinfoilhat; trump; trumpkoolaid; ufocrowd
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To: Yosemitest

Cruz is a citizen by statute, not by birth. For much of U.S. history the statutes did not make him a citizen.


281 posted on 02/14/2016 7:18:35 PM PST by Ray76 (Our gov has become hideously deformed by the hand of the Dem-Rep-Uniparty. They must be abolished.)
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To: Yosemitest
You apparently do not read the stuff that I cut and paste thoroughly, because those FACTS PROVE THOROUGHLY, that TED CRUZ IS A NATURAL BORN CITIZEN !

I have spent a lot of time reading what you have posted; I just don't agree with your conclusion. Ted Cruz may or may not be found to be a Natural Born Citizen. I am not a legal scholar and I don't believe that you are either. Legal scholars have come down on both sides of this issue.

When I was in school we were taught that the Natural Born Citizen requirement for president was to help make sure that someone with divided loyalties did not hold the office. The way you interpret Natural Born Citizen... the children of a woman who married an ISIS member and then grew up in Iran taught to hate America would be eligible to be our president if he could talk a good game when he was old enough to hold the office.

When my wife was in high school a star football player from a rival district moved into her school district and wanted to play football. The coaching staff wouldn't let him on the team because they were worried he would have divided loyalties when playing against the other school. I suppose these days someone would get sued, but back then no one questioned the decision.

282 posted on 02/14/2016 10:33:32 PM PST by fireman15 (Check your facts before making ignorant statements.)
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To: Cboldt; Ray76
I think the crux of the issue, as seen by the founders, was undivided loyalty to the United States. (here)

At least we agree about this. I am genuinely sorry you appear to feel you have to make comments about me behind my back. I'm an easy to get along with person. You can even tell me I'm wrong and stupid and I won't get mad at you or hold you in contempt. I try to live by the proverb that says a wise man will love you for a rebuke.

As for Bellei, I appreciated your challenge, because it made me look at the decision more closely than ever before.  If I have come up with a different conclusion than you, I came by it honestly. I'm telling you what I really believe about it. I believe it is anachronistic to think the founders had any intention of restricting themselves from commenting on or regulating any aspect of citizenship, be it natural born, naturalized, or any other variety, simply because they embodied those thoughts in the naturalization acts. I believed they used the term "naturalization" very broadly, and those statutes were the natural place to discuss any and all citizenship-related topics.  It was only under the evolution of later case law that the categories of citizenship law became more confused.  

In fact, the categories here are a fascinating study in set theory. We have people who should be treating each other like family who instead are at each other's throats because we are all looking at this complex Venn diagram and coming up with different answers.  In an answer to you I never posted, I actually tried to map out the sets involved.  It got too complicated for a readable answer.

So I guess there really is no easy answer. Speaking of that, I checked out your wayback machine. You appear to use a lot of the same legal websites I do. My answer above you found so absurd was a direct result of researching at Balkin's blog, combined with a very long weekend of looking over every word of Bellei. You don't realize how close I was to buying into your position. It was my research at Balkinization that convinced me the locus of the case was not where you were pointing.

But here's the difference. I'm willing to believe you arrived at your position totally honestly. It's really what you believe, and you've mined the quotes you think back you up.  I'm cool with that.  I still think you're wrong, but I don't hold it against you personally.  And who knows?  If the atmosphere wasn't derision and cutthroat, we could even talk about it like adults and you might convince me you are right. But instead we devolve into these little cliques of us against them, gotta win the argument, bla bla bla. Like I said, I'm real sorry you see it that way, because it kind of kills the opportunity to learn.

But we each have to do what we think is right. I respect that.

Peace,

SR
283 posted on 02/15/2016 12:33:04 AM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Ray76
Hey DUMMY!
What make YOU a citizen ? TED CRUZ is a NATURAL BORN CITIZEN, DESPITE you're REFUSAL to ACCEPT the LAW !

"An Un-Naturally Born Non-Controversy":

284 posted on 02/15/2016 1:23:53 AM PST by Yosemitest (It's SIMPLE ! ... Fight, ... or Die !)
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To: fireman15
There IS NO "not be found to be" TO IT !
THE LAW IS THE LAW !
And under THE LAW, TED CURZ IS A NATURAL BORN CITIZEN !



The only definition that matters is the one GIVEN BY OUR FOUNDING FATHERS.


The Naturalization Act of 1790, let's read it !

285 posted on 02/15/2016 1:30:12 AM PST by Yosemitest (It's SIMPLE ! ... Fight, ... or Die !)
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To: Ray76
-- Cruz required a statute to naturalize him. --

Cruz's claim had to be adjudicated too. One could say that this is technically a court, or technically it is not, depending on how one chooses to define court. Questionable claims have been adjudicated all the way up to SCOTUS and been found invalid.

286 posted on 02/15/2016 2:39:20 AM PST by Cboldt
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To: little jeremiah
RE:”I think you're psychotic.”

LOL, On-line diagnosis for free!

287 posted on 02/15/2016 5:15:53 AM PST by sickoflibs (Trumpetir : 'I don't care what he says, or ever said. He is the only one I trust"')
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To: GIdget2004
is a pejorative epitaph describing the tactic Obama used to circumvent the clear eligibility requirements of Article II of the Constitution. Today, even here on FR, many people think that mere birth in the US enshrines (natural born) citizenship, and therefore eligibility to hold the Office of the President. Others think mere birth to one American parent is sufficient. is the rejoinder Obama often used when answering questions about his eligibility, even though a causal reading of Article II shows that isn't enough to meet the eligibility requirements. Remembering that Article II is a restriction on the persons seeking the highest office in the land..... It..... exempts persons born before the Article was ratified from the pedigree requirement. The pedigree requirement is that the Presidential candidate must be 100% American. He must be born in the United States to American Citizen parents i.e. A Natural Born Citizen. He must have reached the maturity of at least 35 years old. He must have spent at least 14 years after reaching his majority living in the US. (21 years majority + 14 years in the US = 35 years old.) The Founding Fathers were heavily influenced by the writings of Locke, Rousseau, Aquinas, De Vattel, etc. In defining the Pedigree they used a centuries old term, Natural Born Citizen, as defined and it's importance explained in De Vattel's book "Law of Nations" published in 1757. Given their recent experience with English King George III and his mixed English/German heritage, we can see how important being without question 100% American was for them. No I'm NOT a "Birther," I'm a Constitutionalist.
288 posted on 02/17/2016 8:23:04 PM PST by Forty-Niner
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To: oldbrowser

“Bye Trump.”

You spelled Cruz wrong.


289 posted on 02/17/2016 8:25:22 PM PST by Forty-Niner
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To: Yosemitest

BS fluff nonsense you keep posting that is not addressing the issue which is exclusively Article II and the NBC requirement.

The term NBC had an well known and understood meaning in the 1700’s. It was NOT coined by the founders, but a well used term.

For all intents and purposes NBC is a term defining a 100% American Heritage. It protects the U.S., you and me, from people with hidden agendas garnered by their mixed national heritage. Obama had no purely American heritage. (Dreams from my Father!!!????)

Somehow being born in Canada to a (Cuban) Canadian father was NOT what the Founders were looking for in a Chief Executive.

Fool me once, same on you....fool me twice, shame on me.......

Never again, no matter how shinny it looks.


290 posted on 02/17/2016 8:44:03 PM PST by Forty-Niner
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To: The Final Harvest

“Trump is so wishy-washy “

.....and smarter than both of us put together.....


291 posted on 02/17/2016 8:47:27 PM PST by Forty-Niner
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To: Cboldt

“with S.Res.511 that it finds foreign-born persons to be pure American, without resort to law.”

John McCain was born to 2 citizen parents that were serving the US military in foreign lands. His father was an American Admiral.

I contend that every US soldier/sailor has US soil beneath his/her boots no matter where they are. The Senate agreed.


292 posted on 02/17/2016 10:26:09 PM PST by Forty-Niner
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To: Forty-Niner

His father was an American Admiral.

I contend that every US soldier/sailor has US soil beneath his/her boots no matter where they are. The Senate agreed.
= = = = = = = = = = = = = = = =
I think the only legitimate ‘question’ in McCains case was he was born in a Panamanian Hospital, not US facility?
Of course if Cruz or Rubio get the nomination all the ‘facts/data’ that was used against BO will be brought out and enhanced by the Libs who will suddenly find merit in the same type situation while the GOPe will wring their hands and either agree with them or sign a pledge that there was absolutely NOTHING wrong with BO etc.

THEN the LIBS will put it where the sun don’t shine, GOPe will side with the LIBs to show they can get along.

SAME OLD BS.....TERM LIMITS....

Would be nice if a ‘Pres’ Trump could address ALL the pols and say ‘YOU’RE FIRED’. Or Pres Cruz etc etc.


293 posted on 02/17/2016 10:46:34 PM PST by xrmusn ((6/98)"If God wanted us to vote, he would have given us candidates. J Leno")
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To: Cboldt

The courts, with judicial cowardice, refused to hear a case brought after both the election and that person’s inauguration.

It only takes 1 member of Congress to halt the election result. No member of Congress objected to the election or to Obama’s inauguration.

The black robes refused to entertain a suit much less remove a sitting President after so many opportunities for protest were passed by.

You can be sure that the Democrats learned that lesson well and will not let any ineligible Republican candidates progress. They will instead choose the timing that results in the most damage to the Republican nomination process.


294 posted on 02/17/2016 10:54:29 PM PST by Forty-Niner
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To: Forty-Niner
I said "DEFINED', I did not say 'coined'.
That diversion from what I said, (trying to TWIST my words) doesn't work, and most people will recognize your dishonesty.



1st United States Congress, 21-26 Senators and 59-65 Representatives


Even the extremely LIBERAL CNN acknowledges it.

So let's READ AGAIN WHERE AND HOW OUR FOUNDING FATHERS DEFINED NATURAL BORN CITIZEN in The Naturalization Act of 1790 !

295 posted on 02/17/2016 11:42:20 PM PST by Yosemitest (It's SIMPLE ! ... Fight, ... or Die !)
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To: Forty-Niner
-- The Senate agreed. --

The courts do not. S.Res.511 is summarized as a naked assertion that "a natrualized citizen is a natrual born citizen." It is nonsense.

296 posted on 02/18/2016 1:19:13 AM PST by Cboldt
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To: Forty-Niner
-- It only takes 1 member of Congress to halt the election result. --

It takes two, one from the House and one from the Senate, to raise an objection. At that point, the respective bodies retire to their chambers and vote. It takes a majority to uphold the objection.

-- ... the Democrats learned that lesson well and will not let any ineligible Republican candidates progress. --

I wouldn't be so sure of that. The parties are in lockstep unison on the mission of eroding national identity. I think the Courts are in on it too.

297 posted on 02/18/2016 1:22:40 AM PST by Cboldt
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To: xrmusn

“I think the only legitimate ‘question’ in McCain’s case was he was born in a Panamanian Hospital, not US facility?”

Of the two the MOST important aspect of the NBC requirement is that the person is raised with a 100% American viewpoint.

With this day of worldwide air travel, it is quite simple to hopscotch around the world be essentially “Born in the USA, and raised as a Russian Communist.”

Just like Obama was......Born in the USA, still not proven, and raised as a Communist by his Kenyan (or dreams of his Kenyan) and Indonesian fathers.

Other than the actual moment of birth, McCain was raised in a 100% American environment for his entire life. (other than serving as a POW while serving as a naval officer. Lets not try to trap ourselves into defending McCain’s liberal leanings. I’ll not defend that.)

As for term limits, the Congress kinda likes them for everyone else, but NOT for themselves. Lets face it, we are being slowly enslaved by a political elite acting out a Kabuki Theater play that keeps them in power and a perpetual member of that elite. As one military man once said...”They’re well dug in and need to be well dug out!”


298 posted on 02/18/2016 11:18:46 AM PST by Forty-Niner
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