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Ted Cruz 'birther' lawsuit appealed to Supreme Court
UPI ^ | 04/22/2016 | Eric Duvall

Posted on 04/22/2016 10:14:11 AM PDT by SeekAndFind

A Utah lawyer has appealed a lawsuit to the U.S. Supreme Court, alleging Republican presidential candidate Texas Sen. Ted Cruz is not a "natural born citizen" and therefore ineligible to become president.

Legal scholars say there is virtually no chance the high court will consider the appeal, partly because they do not want to encourage a wave of similar suits.

Cruz has faced questions about his eligibility to become president from his chief rival, Donald Trump. Cruz was born in Canada, though his mother is a U.S. citizen.

The U.S. Constitution sets only a few standards for presidential eligibility. Candidates must be 35, have lived at least 14 years in the country and be a "natural born citizen."

To some, legal vagaries exist surrounding the constitutional language. Congress has never passed a law explicitly defining the term "natural born citizen" and the nation's founding document does not specify what qualifications someone must have.

For centuries, the courts have fallen back to the British common law explanation, that a "natural born citizen" is anyone who is granted citizenship at birth and, therefore, does not have to undergo any naturalization process later in life. Traditionally, that has included anyone born on American soil and the children of American citizens born abroad.

But that definition has generally not been tested in courts because federal judges are first bound to consider whether a plaintiff has standing to bring a lawsuit. To establish standing, someone making allegations has to pass the threshold they have been personally injured in some way.

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


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Politics/Elections
KEYWORDS: naturalborn; naturalborncitizen; nostanding; scotus; tedcruz; tinfoilhatbirthers; tinfoilhattrump
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To: Lurkinanloomin

Sadly, I believe that you are correct on all points.


21 posted on 04/22/2016 10:40:46 AM PDT by zzeeman ("We can evade reality, but we cannot evade the consequences of evading reality.")
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To: SeekAndFind

This is a non-starter.

He’s not eligible, but he’s not going to be found ineligible.

We all know this is the case.


22 posted on 04/22/2016 10:40:55 AM PDT by Yashcheritsiy (You can't have a constitution without a country to go with it)
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To: SeekAndFind

23 posted on 04/22/2016 10:40:57 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Smokin' Joe

“because they do not want to encourage a wave of similar suits.”

That does not sound like a legitimate reason to me!


24 posted on 04/22/2016 10:40:59 AM PDT by Dr. Bogus Pachysandra (Don't touch that thing Don't let anybody touch that thing!I'm a Doctor and I won't touch that thing!)
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To: jdsteel
A clear definition affirmed by the Supreme Court would be enough for the vast majority of those who have questions. The way we're going now, what's to stop a person not too far in the future from being President of two or more countries?

The sooner it's done, the less weak it will be. What shocked me eight years ago was that there was no process in place to determine if a person is elibible to run for President, including to affirm or deny if a person is a Natural Born Citizen.

I wish I could say that I was shocked that the 'pubs didn't get a procedure in place after Obama's first election. But that would be silly....I expect establishment Republicans to undermine the US Constitution and insult their voting fodder every chance they get.

25 posted on 04/22/2016 10:41:15 AM PDT by grania
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To: Godebert

bkmk


26 posted on 04/22/2016 10:42:11 AM PDT by zzeeman ("We can evade reality, but we cannot evade the consequences of evading reality.")
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To: SeekAndFind

https://www.youtube.com/watch?v=8SZlnhvi8XU

Cruz in 2011 on “birthright citizenship”.


27 posted on 04/22/2016 10:44:08 AM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: grania
"A clear definition affirmed by the Supreme Court would be enough for the vast majority of those who have questions."

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

MINOR V. HAPPERSETT IS BINDING PRECEDENT AS TO THE CONSTITUTIONAL DEFINITION OF A NATURAL BORN CITIZEN.

28 posted on 04/22/2016 10:44:15 AM PDT by Godebert (CRUZ: Born in a foreign land to a foreign father.)
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To: SeekAndFind

Just a slip and fall lawyer who wants a name for himself, even if he’s wrong.
This is a classic case of doing the same thing over and over and expecting a different result. Looney to think a child of a citizen isn’t really a citizen at all.


29 posted on 04/22/2016 10:44:57 AM PDT by lucky american (Progressives are attacking our rights and y'all will sit there and take it.)
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To: SeekAndFind

Please watch these Still reports. They are truly interesting. We should keep an opened mind.

http://youtu.be/CeC636kiJYk

https://youtu.be/TwYz4OAo7vY


30 posted on 04/22/2016 10:46:17 AM PDT by sarasotarepublican (Politicians are like diapers. They both need changing regularly and for the same reason.)
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To: SeekAndFind; onyx; Jane Long; PA Engineer; Grampa Dave; KentTrappedInLiberalSeattle; SaveFerris; ...
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31 posted on 04/22/2016 10:46:49 AM PDT by mkjessup (Cruz is an oily crap weasel who sold out to the GOPe and his deluded cultists need to wake-TF up.)
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To: lucky american

If his mother was still a US citizen, she could pass citizenship. That does not make him a natural born citizen.
His foreign national father and foreign birth gave him divided loyalties and multiple citizenships.
natural born citizen is an exclusionary term, that was the purpose of using it rather than simply citizen.
Natuarlly a US citizen because one cannot be anything else.
Born here of citizen parents.


32 posted on 04/22/2016 10:51:42 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: Godebert

So why don’t they just say so?


33 posted on 04/22/2016 10:51:59 AM PDT by grania
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To: jdsteel; SeekAndFind

NJ ALJ Masin didn’t even read parties’ briefs and instead cited law review articles and Penn. judge Pelligrini who cited the same articles. Neither one analyzed the articles and neither one cited law and precedent.


34 posted on 04/22/2016 10:52:36 AM PDT by Ray76 (Judge Roy Moore for Justice of the Supreme Court of the United States)
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To: grania
"So why don’t they just say so?"

Why doesn't who say what?

35 posted on 04/22/2016 10:55:00 AM PDT by Godebert (CRUZ: Born in a foreign land to a foreign father.)
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To: grania

There is “no controlling legal authority” as Al Gore once said.
Obama exploited that and Cruz, Rubio, Jindal all thought they would take advantage of the same.


36 posted on 04/22/2016 10:55:36 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: grania

The Supreme Court would have to overturn Obama’s Presidency to find correctly and they simply will not do that.


37 posted on 04/22/2016 10:57:08 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: Ray76
"Legal scholars say there is virtually no chance the high court will consider the appeal, partly because they do not want to encourage a wave of similar suits."

That’s ass backwards. Lawsuits will continue until the issue is resolved.
________

Agreed; not sure what kind of "legal scholars" the author consulted.

Unfortunately, with a 4/4 balance this is almost certainly not the best court for the decision.

However, my money says if Cruz is the GOP candidate, Trump will certainly have standing and would be sorely tempted to use it.

38 posted on 04/22/2016 10:58:05 AM PDT by frog in a pot (That our Commander-in-Chief can be foreign born to a foreign father thrills the one-worlders.)
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To: Lurkinanloomin

Barry Soetoro/Barack Hussein Obama should be proof enough of the wisdom of the founders when they tried to prevent him from being President by requiring someone who could only be a US citizen and nothing else.
Born here of citizen parents.
Naturally a US citizen because there is no other possibility.
One cannot be anything else and also be a natural born citizen.

Obama told us he was born a British Subject.

Who believes Washington, Jefferson, Adams, Jay, Monroe, Madison, etc. would have found him to be a natural born citizen?

Usurpation Day, January 20, 2009, happened with the complete cooperation of both parties.
They want the Constitution changed without the hassle of amending the Constitution.
Confuse people about the clear meaning of a three word phrase and voila, every anchor baby and Winston Churchill is eligible.

The bench was the reason the GOP went along with the fig leaf resolution for McCain that was used by the Democrats as cover for Obama.
Jindal, Rubio, Haley and Cruz were all up and comers and the future of the party and ineligible


39 posted on 04/22/2016 10:58:18 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: Godebert

Refer back to #28, the comment I was responding to.


40 posted on 04/22/2016 10:59:40 AM PDT by grania
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