Posted on 04/11/2016 12:20:43 PM PDT by RoosterRedux
A New Jersey administrative law judge on Monday heard two challenges to GOP presidential candidate Ted Cruz's eligibility to appear on the New Jersey ballot, based upon the Texas senator's birthplace in Canada.
The judge, Jeff Masin, didn't decide the challenges to Cruz's eligibility to appear on the June 7 primary ballot, but said he would issue a decision Tuesday. The decision is expected to be reviewed by Lt. Gov. Kim Guadagno, who is New Jersey's secretary of state.
One of the challenges was brought by three South Jersey citizens, and the other by a law professor who lives in Maryland and is running for president as a write-in candidate in New Jersey. Both parties argued that because Cruz was born in Canada, he is not a natural-born citizen, making him ineligible for the presidency.
Cruz's mother was born in Delaware, while his father was born in Cuba. The senator released his birth certificate in 2013.
Shalom Stone, a New Jersey attorney representing Cruz, argued that the citizens - Fernando Powers of Blackwood, Donna Ward of Mantua, and Bruce Stom of Winslow Township - and Prof. Victor Williams didn't have standing to challenge Cruz's candidacy. Stone also said the state didn't have authority to decide the question.
As for "natural-born citizen," Stone said the words in the U.S. Constitution "have meaning given to them by English common law" at the time of their adoption. He directed Masin to his brief for cases supporting Cruz's position.
(Excerpt) Read more at philly.com ...
“He is just as eligible as the 3 sons of Queen Noor and the former King Hussein of Jordan.”
Why not? Seems like everyone can come and go as they choose and be born anywhere they want. WTF? Why not?
Which would be critical in determining when Ted’s mother could have become a citizen based on the minimum time requirements residing in Canada and/or being married to a Canadian citizen.
_________________________________
However Ted’s mother had already lived in Canada more than 1 year at the time of her marriage to Cruz Sr..thus fulfilling that requirement..
so she could be naturalized a Canadian citizen just days after the marriage...
some FReepers are counting 1 year later after the marriage...its not needed...
Cruz is SLIME. He slimed himself in Colorado. REMEMBER COLORADO!!
Wikipedia is the easiest reference to the information or http://www.theinfolist.com/php/SummaryGet.php?FindGo=history_of_canadian_nationality_law
Acquisition and loss of citizenship under the Act
In addition to those people who became Canadian citizens upon the coming into force of the Act (popularly known as the “1947 Act” due to the year it came into force), citizenship afterwards was generally acquired as follows:
A. birth in Canada (except where neither parent is a citizen or permanent resident and either parent is a representative of a foreign government, their employee, or anyone granted diplomatic privileges or immunities)
B.Naturalization in Canada after five years’ residence as a landed immigrant
C. Grant of citizenship to a foreign woman married to a Canadian man after one year’s residence as a landed immigrant
D. Grant of citizenship to women who lost British subject status prior to 1947 upon marriage to a foreign man or his subsequent naturalization
E. Registration of a child born outside Canada to a Canadian “responsible parent” (being the father, if the child was born in wedlock, or the mother, if the child was born out of wedlock and was residing with the mother, if the father was deceased or if custody of the child had been awarded to the mother by court order)
It appears that the naturalization under these terms was proforma for Ms Cruz and it ties in with her being on the voting rolls.
I think you are correct about the statelessness.
So, what happens in a case like this? If a person were here illegally and had no country...where would they deport him to?
No worries about the confusion. It gets hot and heavy here sometimes.
Congress can stop an ineligible person from becoming president or vice president by refusing to certify the electors of an ineligible president-elect.
____________________________________________
My person take is this...
I was born in New Zealand (a British Commonwealth country just like Canada) and immigrated here, becoming an American citizen in 1975...a naturalized citizen, not a NBC...
My son was born in the United States in 1974 to me and my husband, his American citizen father...both of us in the US military at the time..
as I was not an American citizen until 8 months after his birth, he is not eligible to be the president of the United States...
Even though all 3 of us were definitely “under the jurisdiction thereof” at the time of his birth...
Now make Rafael Edward Cruz eligible out of his little rot if you can...
I don’t think that’s true. I think its not like a crime innocent until proven guilty.
Just like applying for any job Cruz and his attorneys need to prove that the statement he signed “that he is a natural born citizen and qualified for the office of POTUS” is backed up by the proper documentation, an US birth certificate or an alternate that is deemed by the Secretary of State to be sufficient to confirm NBC.
Thank you for that article regarding what looks to be part of a lawsuit regarding Cruz’s NBC status.
That part about Ted’s mom’s first husband (Mr. Wilson) and them wondering if she became Canadian because he might have been Canadian.... I’m not sure where they got that. The little bit I could find out about him was he was born and raised in Texas, lived in England for quite awhile (including with Ted’s mom) and then they were divorced. I didn’t see anything regarding Canada and Mr. Wilson.
The following link has a statement from the Cruz campaign. Although it is just a statement, and becomes a “he-said, she-said” situation:
http://www.breitbart.com/big-government/2016/01/08/ted-cruz-parents-canada-voters-list/
EXCERPT:
The Cruz campaign offered the following statement exclusively to Breitbart News, presented in full (original emphasis):
[Except I deleted some stuff below!]
Eleanor was never a citizen of Canada, and she could not have been under the facts or the law. In short, she did not live in Canada long enough to be a Canadian citizen by the time Cruz was born in 1970: Canadian law required 5 years of permanent residence, and she moved to Canada in December 1967—only 3 years before Senator Cruz’s birth. Nothing in the document you sent shows anything to the contrary....
... Second, the document is from 1974. That is four years after Senator Cruz was born, so even if this document said anything about citizenship—and it does not—it would be irrelevant to the citizenship status of his mother at the time of his birth...
... Third, Eleanor was never a citizen of Canada; she never applied for Canadian citizenship or permanent residence. Instead, she spent her time in Canada under a work permit...
... Eleanor never became a permanent resident. Eleanor had lived in Canada for only three years by the time Cruz was born (from 1967 to 1970). Note that Cruz’s father, Rafael did become a Canadian citizen in 1973; Eleanor never did and therefore could never have registered to vote.
End excerpts.
Note that Ted’s father has said he lived in Canada for 8 years, leaving in 1974 back to the states. So that would be arriving in 1967 or 68. So his getting Canadian citizenship in 1973 as stated above would line up with having to wait five years for citizenship.
>> Then there’s Obama = foreign father (maybe) + citizen mother (maybe) + born in US (maybe)
Nobody knows.
Exactly.
Sorry, do we know what?
Yes but he was a Cuban refugee and they had an expedited process of 1-2 years.
Also the Cruz history can’t really be used as fact since many discrepancies have already been uncovered.
Ted may not have been told many of the truth’s as a child, such as the timing of his half brother, born after a divorce not before and the story that the crib death was the reason for the marriage ending. The marriage had ended 3 years earlier and the child was, according to Alan Wilson the husband, a total surprise because he hadn’t seen his former wife in years.
Similarly Mr Raphael Cruz’s details from the campaign don’t match independent corroboration from Cuba. Mr Wilson was born in Texas and moved to the UK with Ms Cruz. He remained there and even married a British woman after the divorce.
http://www.mcclatchydc.com/news/politics-government/election/article54991080.html
an US birth certificate or an alternate that is deemed by the Secretary of State to be sufficient to confirm NBC.
___________________________________________
The best he could have is not good enough...
if his mother went to the US Embassy or consulate at the time of his birth it would not have been a US birth certificate but just some type of registration of a birth in a foreign country of a child of American citizen parent(s)...
but since she may not have a been an American herself any longer why would she ???
but say she still was...the child would not be a natural born American citizen since he was not actually born IN the United States but would have to be naturalized..having the right to be an American citizen due to his American citizen mother...BUT not to be POTUS..”(4) No person except a NATURAL BORN CITIZEN” Article II COTUS
Trump campaign strategy...
Question Cruz eligibility- Didn’t work
Call Cruz a Liar- Didn’t work
Say he is in pocket of Wall Street- Didn’t work
Cruz Sex Scandal- Didn’t work
Now- Back to eligibility.
Meanwhile Cruz ground game is picking up delegates and securing second ballot votes.
She was on the voting rolls, they are on the internet. This is one such link http://talkingpointsmemo.com/muckraker/ted-cruz-mother-canadian-voter-list
There is anecdotal material that she did vote but that is unproven to my knowledge.
I hope that this info is being passed to people who may be able to use it in aome sort of official capacity; at least Trmp’s people and those doing lawsuits.
Fascinating.
Ok, but some would demand 2 NBCs.
And to show how sticky it could get, what about a child born overseas, where the two citizen parents were vacationing and baby came early.
What about a child born in a US embassy overseas, a US military base overseas, or a child born on a US flagged ship in international waters.
Not trying to be a ball breaker, just showing how complicated the place of birth issue can become.
McCain's parents were both US citizens and in 1936 Panama was a US protectorate (US jurisdiction).
However, Cruz's daddy was a Cubanadian.
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.