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New York Court of Appeals won’t hear challenge to Cruz’s ‘natural born’ status
Times Union ^ | 04/02/2016

Posted on 04/02/2016 6:31:49 PM PDT by SeekAndFind

Without comment, the state Court of Appeals on Friday refused to hear an appeal in a legal challenge to Republican presidential candidate Ted Cruz’s status as a “natural born” American citizen.

The complaint, dated Feb. 16 and received by the state Board of Elections the next day, does not contest that Cruz is a U.S. citizen and therefore eligible to serve in Congress. His mother was a U.S. citizen when Cruz was born in 1970 in Calgary, which conferred U.S. citizenship on him. (Cruz’s father was at the time a Cuban citizen.)

Cruz also gained automatic Canadian citizenship at birth, though he officially renounced it in 2014.

Article 2 of the U.S. Constitution states that, “no person except a natural born citizen … shall be eligible to the office of president.” The meaning of “natural born” has been kicked around by scholars — whether recognized or self-described — for years.

A state Supreme Court justice and the Appellate Division rejected the suit on grounds that the complaint, filed by two downstate men, was filed well past the deadline to challenge Cruz’s presence on the April 19 state primary ballot.

The rejection by the state’s highest court is the end of the road for the plaintiffs in New York State. Similar suits in other states have been rejected by the courts.

(Excerpt) Read more at blog.timesunion.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Politics/Elections
KEYWORDS: 1stcanadiansenator; bornincanada; canadian; courtofappeals; cruzie; cruzisobama; globalistcruz; ineligible; naturalborn; noteligiblecruz; openboarderscruz; tedcruz
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To: skeeter

does not... dang it.


21 posted on 04/02/2016 7:13:23 PM PDT by skeeter
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To: thinden

I wasn’t kidding. The guy IS an Islamic enemy agent. We have endless evidence confirming it and ZERO evidence disproving it.


22 posted on 04/02/2016 7:25:23 PM PDT by GrandJediMasterYoda (Can we please kill the guy already who invented the saying "My bad"?)
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To: SeekAndFind

His mama could have been Martha Washington herself but that still wouldn’t make him eligible for POTUS.

When a grown man claims not to know he had a Canadian BC months before beginning a POTUS campaign, he’s a d@mn liar.


23 posted on 04/02/2016 7:25:44 PM PDT by bgill (CDC site, "We still do not know exactly how people are infected with Ebola")
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To: SeekAndFind

Article 1 Section 8 clause 4 specifically enumerates Congress with the authority to establish uniform rules of naturalization. This includes but is not limited to:

Rules for who needs to be naturalized
Rules for those who do not need to be naturalized (i.e. naturally born a US citizen)

Under that authority, Congress has specifically said that naturalization ONLY occurs after birth. Thus, one who is born a US citizen, a citizen at and from birth, does not need to be naturalized.


24 posted on 04/02/2016 7:34:29 PM PDT by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
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To: erkelly
You will never ever ever ever convince us that Ted Cruz will uphold the constitution

In his time as Solicitor General for Texas, Cruz has done more actual work upholding the Consitution than you ever will posting on this website.

25 posted on 04/02/2016 7:55:44 PM PDT by 5thGenTexan
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To: erkelly
You will never ever ever ever convince us that Ted Cruz will uphold the constitution, when the very fact he is running for president proves the constitution means nothing to him.

Amen.

26 posted on 04/02/2016 8:42:13 PM PDT by BlatherNaut
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To: SatinDoll
Satin Doll: The following is not personal to you but general to birthers whoever and wherever situated.

Don't kid yourself. The actual venue for such a legal action to be filed would be the United States DISTRICT Court for the District of Columbia. Appeals from any (unlikely) decision of that Federal District Court would lie in the United States Court of Appeals for the District of Columbia which is exclusively an appellate court.

Probable future history: Suit is filed in the Federal District Court for DC and the judge treats the suit with the same contempt that every other court has shown to date toward birtherism, dismissing the action. The plaintiff, not satisfied with yet another in the dozens of state and federal decisions along these lines because the plaintiff hallucinates that the plaintiff and other birthers just know better than any treasonweasel judge who dares disagree with the birthers (all such judges everywhere to date) files an appeal with the United States Court of Appeals for the District of Columbia which promptly dismisses the appeal.

STILL not satisfied, the plaintiff birther appeals to SCOTUS which dismisses that appeal without any detailed memorandum of decision or refuses to entertain it at all.

The birthers will then claim all judges are corrupt and move on to file a hundred more actions which have the same results. After all, the birthers are invincibly convicted of the fantasy that they are right and the entire rest of the known world must therefore be wrong. Rinse and repeat infinitely. Ad infinitum, ad nauseam. Internet afficionados then must waste more of their lives pointing out the obvious to the oblivious.

How did Einstein define insanity????? Doing the same thing over and over (and over and over....) and expecting a different result???? Birthers: No one is really listening. No one cares. Nor should they.

27 posted on 04/02/2016 8:49:41 PM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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To: SeekAndFind

Forget Cruz being ineligible for President. He “NOT” even eligible to be a Senator.

Ted Cruz is a liar and phony and needs to be arrested !!

Why?

Read this and find out WHY?

http://northamericanlawcenter.org/ted-cruz-is-in-the-u-s-senate-illegally/#.VwA2QfkrK1s


28 posted on 04/02/2016 9:01:37 PM PDT by hapnHal (**)
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To: 5thGenTexan
In his time as Solicitor General for Texas, Cruz has done more actual work upholding the Consitution than you ever will posting on this website.

While posing as a defender of the Constitution, TPA Ted has also been assiduously colluding with globalists (including his wife). No borders, no country. With friends like Ted, the Constitution becomes a dead letter.

29 posted on 04/02/2016 9:02:01 PM PDT by BlatherNaut
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To: erkelly
You also have a right to believe in the US Constitution, including Amendment X which limits the central government to those powers and ONLY those powers specifically delegated to it by the Constitution, all other powers being reserved to the states and the people respectively.

If you reasonably so believe, a few questions:

1. Did South Carolina and ten other states have therefore the right to secede from the Union and form the Confederacy? Is there a supersecret clause of the Constitution delegating to the central government some authority to cause the deaths of 650,000+ young Americans on both sides and untold property damage? If not, should the eleven states that seceded regain their sovereignty and the Union pay damages to those harmed?

2. Is Social Security authorized as a power of the federales? Medicare? Medicaid? Obozocare? HUD, Department of Labor, Department of Commerce, EPA, OSHA, the Energy Department, the "Education" Department, the Veterans' Department, federal subsidies for abortion, federal actions to stamp out any effort by local skewel boards to allow prayer in classrooms, at football games at graduations, most functions of the Injustice Department, Envirowhackoism, the national mohair board, the national tea-tasting board, federalized speed limits, the "war on drugs," fast and furious, the BATF, and about a hundred thousand other useless programs and abominations? If not what are you personally prepared to do to vindicate that constitutional amendment? If not, you know what happens when you eat regular.

30 posted on 04/02/2016 9:09:18 PM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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To: BlatherNaut

See the questions in #30 and answer them if you can.


31 posted on 04/02/2016 9:10:10 PM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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To: BlackElk
7141d711
32 posted on 04/02/2016 9:15:48 PM PDT by BlatherNaut
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To: GrandJediMasterYoda

Wrong! He’s a democrat.


33 posted on 04/02/2016 9:28:35 PM PDT by onedoug
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To: skeeter

This suit was dismissed because procedure wasn’t followed. The court did not attempt to review the claim because the deadline to challenge was passed. It’s a nothingburger.


34 posted on 04/03/2016 3:14:16 AM PDT by xander
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To: BlatherNaut
That is not an answer to the questions.

AND Prince Hashim, if his mother was Princess Noor formerly of Brooklyn, New York, she renounced her American citizenship BEFORE marrying Hashim's daddy and well before Hashim's birth. NEITHER parent was an American citizen when he was born in a foreign land sooooo Hashim is NOT a citizen at all and therefore cannot be an NBC. SOOOOOOO WHAT does Prince Hashim have to do with it.

Winston Churchill's Brooklyn born mother Jenny Churchill renounced her American citizenship when she married Sir Winston's daddy. Ditto.

So again: the answers to my questions or do you concede that you have none, Mr. "Constitutional" fantasist?????

BTW, in spite of ACTUAL ineligibility, Sir Winston, even today when he had assumed room temperature more than 50 years ago, would have made a far better POTUS today than much of what we have become used to and much of what threatens to take office next January other than maybe Senator Cruz. At least Sir Winston, safely dead, would have the potential for very few judgmental errors and he would not even drink very much in the way of "adult beverages" any more.

Is that REALLY you? You did not take a gratuitous shot at Pope SAINT John Paul II. Are you becoming Blather Two-Note? Or if the US is foolish enough to elect someone other than Cruz, will you revert to type-casting?

35 posted on 04/03/2016 3:25:19 AM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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To: xander
Maybe. There is always some excuse, isn't there? So file a few dozen more untimely and substanceless lawsuits wasting the time and energy of a few dozen more courts to get the same results now and forever. It beats the hell out of living in the real world, right? Don'tcha just wish you could be like the Brits and avoid all this democracy stuff, have Trump ride in a horse drawn carriage and be declared monarch for life so he can teach everyone else a LESSON? The world will be different then and the grumpies will have THEIR day.

And it is easier than pursuing real issues which takes actual work. Instead, ummmm, (w)itch and whine that it is all SOOOOOOOO UNFAIR that no one will take up your fantasy when you just KNOW you are right and the world is therefore obviously just wrong. Real courts have real things to do and this is not one of them.

The nation is in shambles.

The Arkansas Medusa is banging on the door and coming to take away what little is left of our country and its chances of survival.

The military has been reduced to a shadow of its former self and its competent experienced leaders have been forced into retirement in favor of affirmative action replacements because, horrors, they are charged with watching porno on computers or getting a little nooky on the side (which could have been used to force Patton's retirement and Eisenhower's among many others but back then we knew why we had a military and still had our priorities straight).

Scalia is dead and the RTKBA may soon follow.

Soon we may have a quota system to promote Tasmanian bi-sexual giraffes to positions of "authority" because it is THEIR turn and anyone who disagrees will be sent for re-education.

Our gummint skewel system uses "Common Core" to dumb down the nation's illiterate, innumerate but brainwashed developing Marxist kids so that they will be barely literate enough to fill out their welfare applications when the time comes but politically "correct" to a fault.

What is left of American industry is being systematically strangled by the Demonrat/GOP-E Uniparty.

They are STILL slaughtering and dismembering and now parting out more than a million innocent American babies per year AND all you have to worry about is this fantabulist and utterly discredited birther crap???? Right????

AND we should take seriously the birther gang that can never shoot straight although they never seem to follow the simple rules for legal actions and appeals of their never-ending series of losses???? REALLY?????

36 posted on 04/03/2016 3:54:31 AM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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To: hapnHal
Why is this unknown "North American" "Law" Center, North American instead of JUST American? Has NAFTA forced yet another American group to become globalized? Are they even turning birtherism into a globalist enterprise? Is there no end to the perfidy?

Oh, and, ONE named lawyer whom no one has ever heard of and a group formed by the usual alleged "group" of others and PLEASE SEND $$$$$$$$$, according to its "mission statement." Did some other country send him/them here to establish their "mission?" Is this NALC not only a birther but also a Bircher mission to normal America?

Not eligible to be a Senator? Why? "Well, just because.....!!!!" We have to take their quite anonymous word for it. You did not expect actual PROOF which takes actual WORK.

37 posted on 04/03/2016 4:04:40 AM PDT by BlackElk (Dean of Discipline Tomas de Torquemada Gentlemen's Society: Rack 'em Danno!)
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To: SeekAndFind

The Uniparty establishment wants Crooze to stay in the race to block Trump, so of course they won’t rule against him, or even consider challenges.

But if Crooze gets the nomination, all hell will break loose.


38 posted on 04/03/2016 4:08:58 AM PDT by Fresh Wind (Falcon 105)
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To: BlackElk
I...am...impressed!

That was a marvelous rant.

39 posted on 04/03/2016 4:09:38 AM PDT by okie01 (The Mainstream media: IGNORANCE ON PARADE)
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To: erkelly

For Cruz, that will always be an uphill battle.

Through all the arguments on the topic, all the evidence, all the jousting between sides, the inexorable truth is the strictest interpretation of the founders NBC meaning can’t be wrong. Holding this belief brings no harm to the nation and gives no leverage to those that seek to harm it.


40 posted on 04/03/2016 4:37:32 AM PDT by xander
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