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 ...
Any child who derives their US citizenship from a US citizen parent gains US citizenship through “derivative naturalization”. Ted Cruz is a naturalized citizen. Ted Cruz relies on 8USC1401(g) for US citizenship to run for US President, but 8USC1452(a) says that makes him a derived naturalized citizen, and thus he is Article 2 ineligible for the US Presidency. Arguments relying on statute lose, because only amendments change the US Constitution.
SCOTUS opinion in Rogers vs Bellei 1971 overruled District Court and will deny Cruz the Presidency, while Luria vs US 1913 will guarantee him all 14A rights, privileges and immunities, except serving in the Presidency.
Supreme Court in Elk said “ Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards except by being naturalized” So it is birth circumstances that SEAL your citizenship status.
Lets take a closer look at the Bellei case. The UNDISPUTED FACTS of the case. 1) Bellei’s Father was an alien, just like Cruz’s Father. 2) Bellei’s Mother was a U.S. citizen, just like Cruz’s Mother. 3) Bellei was a foreign-born citizen, just like Cruz was a foreign-born citizen.
So you read down through the case and you find these 2 statements in the ruling 1) “Bellei, as a NATURALIZED American, is entitled to all the rights and privileges of American citizenship” AND 2) “Concededly, petitioner (Bellei) was a citizen at birth, not by constitutional right, but only through operation of a federal statute” (NATURALIZATION)
>>> TED CRUZ IS A NATURALIZED CITIZEN AT BIRH and ineligible to be President. The minute they say Cruz is naturalized, they are saying he is ineligible.
And if that isn’t enough, there is this:
7 FAM 1111 INTRODUCTION
(CT:CON-538; 10-24-2014)
a. U.S. citizenship may be acquired either at birth or through naturalization subsequent to birth. U.S. laws governing the acquisition of citizenship at birth embody two legal principles:
(1) Jus soli (the law of the soil) - a rule of common law under which the place of a persons birth determines citizenship. In addition to common law, this principle is embodied in the 14th Amendment to the U.S. Constitution and the various U.S. citizenship and nationality statutes.
(2) Jus sanguinis (the law of the bloodline) - a concept of Roman or civil law under which a persons citizenship is determined by the citizenship of one or both parents. This rule, frequently called citizenship by descent or derivative citizenship, is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As U.S. laws have changed, the requirements for conferring and retaining derivative citizenship have also changed. https://fam.state.gov/searchapps/viewer?format=html&query=7%20fam&links=7,FAM&url=/FAM/07FAM/07FAM1110.html#M1111
I don’t think I stated an opinion that deserved a tirade. I just actually read the article and noticed this was neither a decision for or against the issue. A point which seemed to be missed in most of the replies.
If you look back on any comments I have ever made on the subject I still believe Ted has a constitutional risk on his eligibility that could be used against him. I’d like for him to be eligible (always have), but the risk is there and I believe the strictest NBC interpretation has not been eliminated through any evidence I’ve seen, thus far. I am simply unwilling to compromise our nation’s best interests to elevate one man above it with that kind of risk.
Was he the Solicitor General of Texas for over 5 years, argued and won over 9 crucial constitutional cases before The US SUPREME COURT, was a member of the FTC and is a sitting United States Senator too?
“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)”
The Congress has no enumerated power to make any person a natural born citizen, which arises only from Nature and Natural Law. Natural Law is the opposite of artificial, manmade, statutory law which arises from legislative acts by Man and not by Nature. This is found in legal dictionaries and in millennia of common law and the Law of Nations.
“Under that authority, Congress has specifically said that naturalization ONLY occurs after birth.”
Such statements are false statements. There is a statutory right to claim an automatic naturalization at birth which has always been subject to a conditional approval by the U.S. Government.
“Thus, one who is born a US citizen, a citizen at and from birth, does not need to be naturalized.”
Such a statement is utterly false as proven by the U.S. Supreme Court decision, Scott v. Sandford, 60 U.S. 393 (1857), in which the U.S. Supreme Court found that children born abroad with two U.S. citizen parents were alien born children who acquired no U.S. citizenship of any kind in the absence of the repealed Naturalization Acts of 1790 and 1795 that had previously conferred naturalized U.S. citizenship upon such children born abroad. It is for that reason a later U.S. Supreme Court stated: United State v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456, 42 L.Ed. ““A person born out of the jurisdiction of the United States can only become a citizen by being naturalized....”
CanadryCruz isn’t an issue with NY Voters! He will be out after NY votes for Trump!
Harvard lawyers are immune from what the constitution says about non Harvard Lawyers.:)
Thanks for the reply!
Chester Arthur was a British subject and not a lawful U.S. citizen, yet he wrongly claimed to be a U.S. citizen and was successful in being elected as Vice President and succeeded the assassinated President Garfield to become President. There are numerous examples of illegal acts being committed with impunity by senior leaders in the U.S. Government, none of which is an argument to condone further such unlawful acts.
Show us an original Consular Report of Birth Abroad (CRBA) or comparable documents indicating Ted Cruz lawfully acquired naturalized U.S. citizenship under the authority of the U.S. Immigration and Naturalization Act of 1952. At this point in time, we cannot know whether or not Ted Cruz and his mother obtained his U.S. passport by fraud or by lawful compliance with the conditions for becoming fully invested with such naturalized U.S. citizenship. Submit a declaration from the Government of Canada stating Eleanor Cruz did not acquire Canadian citizenship after the birth of Ted Cruz in December 1970 and before 1983, when Ted Cruz was required to complete the requirements for establishing naturalized U.S. citizenship.
Sometimes, as here when I am called to task, I look at my post and wonder at my lack of consideration for others.
OTOH, I do not doubt that you are sincerely concerned as to the NBC matter. On the other hand, I am sooooooo tired of this distraction from the actual issues at hand. We shoukld be ever on the offensive against the leftists who are the enemies of us and our country.
Ted Cruz was born in Calgary of an American mother. Therefore his place of birth and the nationality of his father then are utterly irrelevant. If he becomes POTUS, no harm and no foul. Based upon his career to date, he will be a very fine POTUS indeed. I have often conceded that, although I am not happy with Trump's style or tactics, I will certainly vote for him if he is the nominee. He is pro-borders, pro-gun, pro-veteran, pro-military re-armament and a number of other things that make him superior to any Demonrat. I don't think he is all that pro-life, if at all, which is my most important issue but he is learning the hard way that the babies are the third rail of GOP politics and I think, in spite of his many stumbles on the subject this week, he understands that being pro-life is going to be the price he pays for being allowed to play the political game. If not, he will be destroyed. For serious pro-lifers, the babies' lives are the subject on which we cannot and will not compromise. Moral Monster Mitt Romney found that out the hard way last time.
Once Roe vs. Wade is gone and the Fourteenth Amendment right of the babies to live is federally recognized, an entire marine corps of pro-lifers will transfer its efforts to many other good causes.
As to NBC, Barry Goldwater was born in Arizona Territory before statehood. George Romney (Mitt's Daddy) was born in Mexico of parents who apparently had abandoned American citizenship for religious reasons. According to strict birther theory, if George was not a citizen, neither is Mitt. Lowell Weicker tried to run for POTUS and had been born of American citizen parents in Paris, France, who were there on business. John McCain was born in the Panama Canal Zone. I believe that Obozo was born in Kenya (according to his paternal grandmother who claims to have been present) but he had an American mother and also one suspects that his American citizenship, such as it was, was renounced when in the custody of Barry Soetero he was attending a radical Islamic Midrassa in Indonesia and also that like Elizabeth Warren (Fauxcahontas who claims Cherokee ancestry) he phonied up his "credentials" as to geographic distribution of admissions to Columbia and Harvard Law. If he applied as a mixed race American kid from Hawaii with an American mother, he would not have met as many quotas. He likely actually qualified for diversity consideration by being a Muslim.
Obozo may be the first non-NBC (according to strictest birther standards) to be elected (Chester Arthur was probably born in Canada perhaps of non-American parents), but you can take it to the bank that he won't be the last. The courts are screaming that they want NOTHING to do with this question. They do that by finding technicality after technicality to dismiss every case filed while pointedly refusing to discuss the "merits," if any, of the claims.
Meanwhile, the country itself is going to hell in a handbasket. Trump's rude boorish behavior is an embarrassment but better him than Comrade Grandma whose behavior would extend Obozo's crime spree.
Big issues, so to speak, in this substanceless campaign have included:
1. Heidi Cruz and, therefore, Ted Cruz are tools of the international bankers, the CFR, the Bilderbergers (we'll take three with ketchup for lunch), the Rothschilds, the Trilateral Commission, etc., (yawn).
2. The lovely Melania Trump took her clothing off for the cameras when she was an up and coming model and long before marrying The Donald, thereby ignoring her quite appropriate and lady-like public persona during this campaign, a model that the candidates themselves should emulate (while fully clothed, of course). She may have been a substantially nude model for one photo shoot but she is infinitely preferable to Betty Ford, to the Iron Magnolia, to Barbara Bush, to the Arkansas Medusa, and to Chewbacca. Whatever the drawbacks of Trump as POTUS, Melania would be a substantial improvement over most of her recent predecessors as FLOTUS.
3. Ted Cruz is a serial adulterer because, well just because he is not The Donald. And the National Enquirer says so and they are trustworthy because they endorsed The Donald. And, and, he is the last real opponent standing and we suspect he is actually one of the lizard people of the frozen former planet Pluto and that will be revealed in a subsequent National Enquirer exclusive, if necessary. Not only that but Goldman Sachs, unlike all those banks that The Donald borrows zillions from (this is essential to real estate investment) must also be controlled by Plutonian lizard people. Who else would lend money to Ted Cruz????? Things that make you go hmmmmm!
4. Kasich is the offspring of a space alien and an earth woman.
5. Rubio had a history as a teenaged male prostitute.
Of course all of this is pure bunkum but, so what? That's entertainment! And that's derangement! In a campaign dominated by such nonsense, the lowest info voters can play with the most informed on the same playing field of celebrity-obsession, insult swapping, and what not.
If we want to win this election, we had better learn to be better than this. We, including Trump and Cruz.
Meanwhile, God bless you and yours.
Is it just a coincidence or a vast conspiracy that the courts will not rule in favor of birther theory in matters such as bozo, Cruz, Goldwater, Romney, Romney and Weicker, among others?
At least you recognize that this has been going on since at least Chester Arthur.
Please post more often.
Very impressive, Black Elk is on fire today. GOOD JOB BlackElk..........made my day.
Black Elk speaks for me. Ted Cruz 2016
This is a GREAT ROFL day isn’t it? Talk about wasting the Courts money and time in this ridiculous effort, but hey that’s what liberals do.
YEAH BUT, that don’t make him smarter than all the Trumpster legal eagles on this site/s.
JUS SOLI. Canadian-born Cruz is not a natural born citizen. No amount of legal hairsplitting by Cruz "fantasists" changes that basic fact, nor the fact that principled voters who recognize his obvious ineligibility will cast their votes accordingly.
Incidentally, the blatant hypocrisy of Cruz supporters' unquestioning acceptance of their beloved leader's secrecy regarding his sealed records is reminiscent of the blind adulation and Alinskyite tactics of Obamabots who also rallied around their idol when questions were raised regarding his similarly murky background.
Wake up and follow the money. Find out who owns Cruz. The details are hidden in plain view. Do you think that Cruz's mega-wealthy Cheap Labor Express and Globalist funding sources have been bankrolling his political career out of the goodness of their hearts? Staunch pro-lifers need to connect the dots. Globalism is anti-life. Culling the human herd is globalist SOP.
--------------------
"Question: Through international bodies or global economical and financial networks, a certain human conception seems to be imposed onto humankind. Is this conception your finding?
Mr. Pearce: Yes. The whole of human society, politically, economically and culturally, is being remoulded by powerful international and transnational bodies and networks in order to pursue and actualize the globalist agenda. This remolding and remodeling of human society is being pursued without a democratic mandate and without the interests of the peoples of the world in mind. It is being pursued by the richest and most powerful people in the world to serve their own interests, riding roughshod over the interests of the vast majority of mankind. The system being put in place by the globalists is nothing less than the largest plutocracy in human history.
In “Small is Still Beautiful,” you take in E.F. Schumacher’s works and actualize them. Do you think there is a relation between the view of the man who extols birth control, eugenics, euthanasia, abortion and the utopia of ‘gigantism’?
Yes, there is. Indeed it is ironic that the global plutocrats mentioned above have the same agenda of social engineering as do the socialists. It is no coincidence that Bill Gates and Barack Obama share essentially the same views on birth control, eugenics, and abortion, or that they are both pursuing the agenda of the culture of death with the same proselytizing zeal..."
“Beg the question to your heart’s delight but a natural born citizen (one born of at least ONE American parent or born in the United States to anyone of any nationality other than foreign government diplomats)has no need to be naturalized since he is already a citizen. “
Those comments are a lie and a fraud. Such persons are naturalized U.S. citizens only if and when a U.S. Naturalization Act or U.S. Immigration and Naturalization Act authorized their naturalization. During those periods of U.S. history during which there was no such applicable Naturalization Act in effect or U.S. Immigration Act in effect to naturalize these alien children as U.S. citizens, they were born without any form of U.S. citizenship, naturalized or natural born. The U.S. Supreme Court decision in Scott v. Sandford, 60 U.S. 393 (1857) denied U.S. citizenship to any child born in the jurisdiction of the United States who had an alien father. The subsequent naturalization Acts were enacted with the specific purpose of providing naturalized U.S. citizenship to some of the persons which the Scott v. Sandford decision had determined were otherwise ineligible for U.S. citizenship.
“Is it just a coincidence or a vast conspiracy that the courts will not rule in favor of birther theory in matters such as bozo, Cruz, Goldwater, Romney, Romney and Weicker, among others?”
No, there is no coincidence. The current judiciary is overwhelmingly composed of Liberal and Left-wing attorneys-at-law who are a varied combination of incompetence, misinformed, and/or corruption. In state after state you can look at the local election ballots to see who is up for election as a judge and find many judicial positions for which there is no Republican candidate. Those few true conservatives who do attempt to attend law schools often find themselves being marginalized and discouraged from graduating or actively barred from graduation. Those true conservatives who do manage to graduate from law school are strongly discriminated against when it comes time to work for a law firm. Liberal judges discriminate against conservative attorneys-at-law and their legal clients to force coerce or force the conservative attorneys out of the legal profession. So, anything to do with an insistence upon adherence to Constitutional principles and law that is at odds with much of the Liberal agenda is met with commonplace judicial hostility. It makes no difference whether the legal issue in contention is the right to life of a fetus or the aged, the right to limit the vote to actual citizens, the right to keep and bear arms, or the right to limit the Office of the President to a child born in the jurisdiction of the United States with two U.S. citizen parents; all such legal issues are subject to the hostility of the currently hostile judiciary acting in defiance with past case law, statues, and legal history. In other words, it is all part and parcel of today’s corrupt judiciary.
“At least you recognize that this has been going on since at least Chester Arthur.”
This problem has been going on since the Constitution was written. The use of immigrants, legal and illegal, has been a long used tactic to get more votes and more power by Democrats, Republicans, and many of their preceding political parties.
Wong Kim Ark was a child of Chinese Citizens and was born in the United States.
What is corrupt about insisting that the deadlines set by the legislature be met?
“Wong Kim Ark was a child of Chinese Citizens and was born in the United States.”
and was naturalized under the authority of the Naturalization Acts after the Constitution’s 14th Amendment allowed native born and alien born non-White persons to become naturalized U.S. citizens the same as White persons. Once non-White persons were authorized to acquire U.S. citizenship, they became U.S. citizens who then had the legal capacity to become the parents of a child in the jurisdiction of the United States who was a natural born citizen of the U.S. No child born abroad has ever lawfully acquired U.S. natural born citizenship with the exception of a child born abroad under the protection of U.S. diplomatic immunity. No child born abroad has lawfully acquired English citizenship with the exception of a child born abroad under the protection of English diplomatic immunity.
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.