Posted on 04/10/2016 8:21:55 AM PDT by RoosterRedux
Ted Cruz risks primary disqualification in New Jersey resulting from charges of ballot access fraud. A primary ballot disqualification hearing is scheduled by the Secretary of State for Monday, April 11 at 9:00 a.m. in Mercerville, New Jersey.
Washington D.C. Law Professor Victor Williams charges that Ted Cruz fraudulently certified his constitutional eligibility for office to gain ballot access. Williams demands that Cruz be disqualified from several late-primary ballots: "Cruz committed ballot access fraud in each state when he falsely swore that he was a 'natural born' American citizen." Cruz was born in Calgary, Canada and held his resulting Canadian citizenship until May 2014. Cruz is a naturalized (not natural born) American citizen.
Williams' fraud charges had quick effect in New Jersey. Rather than accepting Cruz's ballot petition when filed last week, the Secretary of State ( Kim Guadagno) scheduled the unusual Administrative Law hearing for April 11. The Canadian-born Cruz must prove that he did not falsely certify his eligibility for office.
Cruz's ballot eligibility is also being challenged in California, Maryland, Montana, Nebraska, Oregon, South Dakota, and Washington.
(Excerpt) Read more at gloucestercitynews.net ...
If the person acquires citizenship at birth by virtue of some law that Congress has passed, that person has been naturalized at birth. Examples would be a person born outside the US to a US citizen, or a person born inside the US to non-citizen parents. These people are not natural born citizens, because by either geography or parentage, they do not have sole allegiance by birth to the USA. The constitution does provide congress with the authority to make law regarding naturalization.
If a person is a natural born citizen, (i.e. born in the country, and born to parents who are both citizens), then no law affects that person's citizenship either way. That person is a natural born citizen because they cannot be anything else.
In fact most people who travel to other countries come back fervently devoted to the United States after seeing what a mess other countries are.
People who travel to other countries grow in loyalty to the USA.
It is the people who think other countries are better and have never gone to see who are our biggest problems.
I have heard parents joking 20 years ago that they should send their children to Europe for a few months to straighten them out.
So we’re supposed to be happy with this? I’m livid at what is going on. Our money, our jobs, our safety has been stolen from us...and the parties pretend they’re looking out for us when all they care about is their own bank balances and how to keep us in the dark so we keep paying for their greed.
I am really done with the GOP and I just sent them an email telling them so. Not that they care. But if enough of us revolt then they will care and that’s the ONLY thing that will work.
I’ve had some detailed conversations with some other Freepers who disagree with you and have cited laws specifying the basis for their claims.
Whiskey is one Freeper with some interesting background.
I won’t make excuses for Cruz and the fact is that I wouldn’t vote for him if he had been born in the White House.
Link at post number 148
Read the decision dummy. The findings of SCOTUS are conclusive. They said that Bellei was NATURALIZED by statute.
Rogers v. Bellei (1971) the SCOTUS already has held that Ted Cruz is merely a statutory born citizen and not a true natural born Citizen.
Mr. Bellei was born and lived the first few years of his life as an American citizen identically situated to Ted Cruz (foreign born, foreign resident, alien father, expat mother). As an adult, Bellei had his citizenship forcibly stripped for not meeting USA residency requirements. This could only occur if Mr. Bellei was not a natural born Citizen (in fact, he was just a mere born citizen).
Note that citizenship can only be removed at one’s behest AND only if confirmed twice AND only with the required forms to renounce it AND only by providing proof that one will not be left stateless. Bellei did none of those. He did not give his citizenship up voluntarily (indeed he went to court to retain it). The fact that the government could take it away in spite of all that proves that he was not born a natural born Citizen.
Bellei sued the government in order to retain the USA citizenship he was born with, but the SCOTUS upheld the original decision with the dissent noting that he was not even protected under the penumbra of the 14th Amendment. The key point here is that Cruz and Bellei were of exactly the same citizenship status at birth, therefore Cruz is also not a natural born Citizen (a status which is solely and entirely determined at the moment of birth).
Bellei is an exact proxy for Cruz. And the SCOTUS unequivocally held that Bellei was merely a born citizen, thereby excluding any possibility that he be a natural born Citizen. It’s game over for Cruz because Trump has the standing to bring this to the court’s attention. Do you really think he won’t if it comes to that?
Also note that without the change in naturalization law passed in 1934 allowing female citizens to pass on derivative citizenship to their children born outside the USA, Ted Cruz would not be a citizen at all. He is a statutory born citizen, not a natural born Citizen as the Constitution demands of presidents.
Derivative born citizenship is statutory citizenship granted by congress. It is a conditional man-made privilege, not a natural right like natural born Citizenship and, thus, may be revoked as in the case of Bellei. Only if it has been perfected by naturalization does it fall under the protective penumbra of the Fourteenth Amendment and become irrevocable (but still not natural).
Even though Ted Cruz’s citizenship was perfected when his mother later (probably) filed a CRBA (Consular Report of Birth Abroad) for her son, he still was born under the exact same circumstances as Mr. Bellei, so Cruz was even less than naturalized at birth (just like Mr. Bellei). There is no way Ted Cruz can be a natural born Citizen because that status is irrevocable and Mr. Bellei (same status as Cruz) actually ended up having his citizenship taken away from him against his will. This proves that neither Bellei nor Cruz were born as natural born Citizens.
The Constitution’s presidential eligibility requirements have never changed and cannot be changed by mere act of congress (only by amendment). Cruz’s birth circumstances are the same as Bellei’s and Bellei’s birth citizenship status was so tenuous as to be later removed altogether. A true natural born Citizen can never have citizenship removed — even for high treason. This point is worth repeating until it fully sinks in.
Ted Cruz knows he is not eligible, yet he continues to accept campaign donations. That is fraud. You cannot support this man and support the Constitution.
In the Venus Merchantman case of 1814, the SCOTUS, decided by members of the founding generation, lifted the entire 212th paragraph from Vattel’s Law of Nations to define Natural Born Citizen. Justice Livingstone quotes him as he wrote for the majority in that case. Vattel has been quoted in dozens of federal appellate decisions.
Your side will lose badly unless the court finds some sorta natural born citizen “penumbras and emanations” hiding between the pages of the constitution to support Cruz. (or Obama)
Cruz NJ problem ping
Try reading my post again before going off half cocked. Your emotional response is hardly appropriate.
That clears up my question. Thank you.
This statement is false, “A natural born citizen is whatever Congress says it is.”
An Amendment to the Constitution is required to change the qualifications for POTUS. We know that you already are aware of that fact. But, for the record, H.J. Res 88 (2000) is one of the last times that Congress considered amending the Constitution to allow a foreign born citizen, like Raphael Cruz, to ascend to the presidency.
H.J. Res 88 to Amend the Constitution FAILED in 2000.
Year 2000 — H.J. Res 88 —CONSTITUTIONAL AMENDMENT TO ALLOW FOREIGN-BORN CITIZENS TO BE PRESIDENT
HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTH CONGRESS SECOND SESSION ON H.J.Res. 88
JULY 24, 2000 Serial No. 108
Moseley, It FAILED. The Constitution has not been amended to allow for foreign born citizens to become president or vice-president.
Raphael Cruz is a foreign born citizen. He was not born in the United States of America. He was born in Alberta, Canada. He fails to qualify.
And was the state of Texas conspiring to keep Cruz off the ballot for the General Election? His Canadian birth certificate is a disqualifier!!
Looks like he’s lucky they haven’t voted on Texas HB295 yet, it would keep him off the ballot for both Veep or POTUS. (see section (d))
HB295 Introduced -
http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00295I. pdf#navpanes=0
A BILL TO BE ENTITLED AN ACT
relating to certification for placement on the ballot of candidates
for president or vice-president of the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 192.033, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a)AAExcept as provided by Subsection (c) or (d), the secretary of state shall certify in writing for placement on the general election ballot the names of the candidates for president and vice-president who are entitled to have their names placed on the ballot.
(d)AAThe secretary of state may not certify the name of a candidate for president or vice-president unless the candidate has presented the candidate ’s original birth certificate indicating that the person is a natural-born United States citizen.
If Texas passes HB295, Cruz could not appear on the General Election Ballot in Texas and that’s 38 Electoral Votes down the crapper.
Ted blew it back in 2005. Working Bush’s campaign inspired him to run for POTUS. Just as he convinced his Cuban/Canadian father to become an American, he should have postured himself much better for the WH. He should have picked up a Hawaiian Birth Certificate for his Canadian self. I bet they were fairly cheap back then. Too late now!
Moseley, You are HILARIOUS!
41 of the 50 posts on the last page are all yours.
You make hundreds of declarative statements with no documentation to back any of your claims. We must assume that God is telling you what to type for Ted.
If my parents took me across the U.S. border to or from another country there would be records
My kindergarten school records are still available from my school district
My college records are available as to whether I was a U.S. citizen or not and his my tuition was paid by loan or scholarship
If I borrowed a million dollars from Goldman Sachs they would have checked my records
My social security records are available
My mother’s records are available
Don’t play this one
Once a lawsuit requires Ted to show actual records we can talk
“If my parents took me across the U.S. border to or from another country there would be records”
42 years ago? You know you are lying.
“My kindergarten school records are still available from my school district”
42 years ago? The kindergarten probably doesn’t still exist.
Where do you think the kindergarten would store 42 years of records for probably over a thousand students per year?
“If I borrowed a million dollars from Goldman Sachs they would have checked my records”
Well, if you had retirement funds in Citibank and Goldman Sachs, and BORROWED AGAINST YOUR OWN INVESTMENTS no one would LIE about you and suggest there is anything wrong with that.
“My social security records are available”
Yes, very minimal summaries are kept, because the purpose of those records is to calculate your social security payments.
But when you applied for a social security number originally while young, is that application still on file? NO. Only the summary accounting information is kept.
“My mother’s records are available”
No, they aren’t.
42 years ago when your mother renewed her driver’s license, do you still have the form she filled out to renew her driver’s license?
Of course not.
The last time your mother travelled out of the country, 20 to 50 years ago, does she have a copy of the visa she had or the customs form she filled out to re-enter the United States?
Of course not.
You know you are lying.
And you know we know you are lying.
There are no records that have been withheld about Cruz.
“If the person acquires citizenship at birth by virtue of some law that Congress has passed, that person has been naturalized at birth.”
Absolute horse manure.
There is no such thing as being naturalized at birth.
That is a fantasy. It does not exist. No one has ever been naturalized at birth in the entire history of the planet and no one ever will be naturalized at birth.
It is complete malarkey.
Your unsupported wild-assed assumption is that Congress does not have the power to define citizenship.
That core assumption is just a fantasy made-up out of nothing.
There is no factual or legal support for such nonsense.
“If a person is a natural born citizen, (i.e. born in the country, and born to parents who are both citizens), then no law affects that person’s citizenship either way”
Again, a total fantasy. You might like the idea, but your concept has no connection with reality.
“I’ve had some detailed conversations with some other Freepers who disagree with you and have cited laws specifying the basis for their claims.”
You seem nice, but the people who lie to you are still lying to you.
I am an attorney. I actually wrote a petition to DHS to have Obama deported because he is not a citizen. I know all the arguments and all the laws and all the court cases.
There are a lot of lies being thrown around, but none of them can be backed up.
You have talked to a lot of people who have given you their OPINIONS and their incompetence in reading Supreme Court precedents.
They do not have any actual laws or precedents.
They offer their opinions what they WISH to be true.
But their opinions have no relationship with the real world.
“So we’re supposed to be happy with this? I’m livid at what is going on. Our money, our jobs, our safety has been stolen from us...and the parties pretend they’re looking out for us when all they care about is their own bank balances and how to keep us in the dark so we keep paying for their greed.”
Are you going to vote for the guy who FUNDED all of the problems you are upset about?
The politicians who caused those problems — Donald Trump donated to all of them.
So you want more of the same?
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