Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 281-300 next last
To: SeekAndFind

Cruz could do the nation a favor by asking SCOTUS to consider the lawsuit on it’s merits.

That would resolve it once for all. But Cruz won’t do it, even though the ambiguity will hang over him if he ever runs again.


41 posted on 04/22/2016 11:00:54 AM PDT by DannyTN
[ Post Reply | Private Reply | To 1 | View Replies]

To: grania
Minor v. Happersett was decided by the United States Supreme Court back in 1875. Those Justices will not be offering any new commentary on the issue.
42 posted on 04/22/2016 11:05:35 AM PDT by Godebert (CRUZ: Born in a foreign land to a foreign father.)
[ Post Reply | Private Reply | To 40 | View Replies]

To: Ray76

This one will end quickly without any action by SCOTUS. The Pennsylvania and New Jersey cases may go forward.


43 posted on 04/22/2016 11:06:56 AM PDT by centurion316
[ Post Reply | Private Reply | To 3 | View Replies]

To: Godebert

Again, I repeat. All the Supreme Court Justices have to to is say Minor v. Happersett is the law of the land. So why haven’t they?


44 posted on 04/22/2016 11:07:08 AM PDT by grania
[ Post Reply | Private Reply | To 42 | View Replies]

To: grania

Sorry, That’s not how the Supreme Court works.


45 posted on 04/22/2016 11:11:03 AM PDT by Godebert (CRUZ: Born in a foreign land to a foreign father.)
[ Post Reply | Private Reply | To 44 | View Replies]

To: Lurkinanloomin
No, unless you can prove in court Obama wasn't born in Hawaii, they don't have to touch the issue of Obama.

Born on US soil to one or two citizen parents with possessions, territories, and facilities considered to be US soil.

Now, Original Intent, may have been to for both parents to be US citizens but still, the court would be a Hell of a lot closer to the Constitution requiring US soil and one parent than simply one citizen parent which means several Saudi Princes and God knows who else on the planet is eligible under the single US parent criteria.

46 posted on 04/22/2016 11:13:32 AM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
[ Post Reply | Private Reply | To 37 | View Replies]

To: Rashputin

That would be the best we could hope for at this point.
I still think they will not get involved if they can help it.


47 posted on 04/22/2016 11:17:26 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 46 | View Replies]

To: grania

So why haven’t they?

****************
They would be saying Obama is an usurper and they allowed it to happen.
That will not happen.


48 posted on 04/22/2016 11:19:49 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 44 | View Replies]

To: Lurkinanloomin
Actually, Ted's sealed records could be subpeoneaed and if there are naturalization papers among them, case closed, Ted isn't a NBC.

In fact, that's what I think Ted is afraid of, prima facia evidence that he's not a NBC because you can't be both naturalized and natural born.

49 posted on 04/22/2016 11:24:49 AM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
[ Post Reply | Private Reply | To 47 | View Replies]

To: Rashputin

Every child born outside the country HAS to have some kind of paperwork.
Real natural born citizens have a US birth certificate listing to citizen parents.
Canadians have Canadian birth certificates and must have SOMETHING that allows them entry and possibly citizenship.
At least it used to be that way when we had the rule of law....


50 posted on 04/22/2016 11:27:47 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 49 | View Replies]

To: SeekAndFind
Do NOT count on these supremes to uphold the ‘original intent’ of our Constitution. Government is now god and Cruz wants to take his place claiming to be the face of God. Why do you think he got Roberts planted on the supremes? IF Cruz is divined eligible, then so will any one of Obama and lying Ryan's Syrian refugees they are importing upon US.

And Cruz the liar claimed he follows the original intent of the Constitution... And the Cruz supporters give up their natural born birthright.... stupid peoples. At least Esau required a bowl of RED pottage (lentils) for his birthright.

51 posted on 04/22/2016 11:30:52 AM PDT by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rashputin

I had a childhood friend who was born in Germany while his dad was in the Air Force and he was told he was not eligible to be President. They used to advise military wives to go home for the birth of their children if they wanted to preserve natural born status.
Civics classes taught born here of citizen parents, no divided loyalties, no foreign citizenships, solely a US citizen.


52 posted on 04/22/2016 11:32:32 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 49 | View Replies]

To: SeekAndFind
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.

How courageous of them. How about doing what's right by the Constitution, and settling this matter at the federal level, at least for Ted Cruz's specific circumstance.

After all, Cruz is seeking a federal office that required NBC status, so what's the big fear of making a ruling here?

Do your jobs and earn your keep, bozos...

53 posted on 04/22/2016 11:35:31 AM PDT by sargon (No king but Christ!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Just mythoughts

If the Dread Pirate Roberts twists himself into a pretzel again and upholds the _resident on DAPA and allows him to legalize illegal aliens we may be sunk before we can elect Trump.


54 posted on 04/22/2016 11:36:02 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 51 | View Replies]

To: Lurkinanloomin
Interesting. I have several friends who were in the Navy and who were told that when born in the base hospital, their children were no different than a child born inside the US on a military base, i.e. natural born with no need for them to send mommy home to have the child.

Are there differences between the Navy and other services since a US ship is always considered part of the US just like land within any state is ?

55 posted on 04/22/2016 11:39:15 AM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
[ Post Reply | Private Reply | To 52 | View Replies]

To: sargon; Godebert

Because they know that Godebert is right, that natural born citizen means born here of citizen parents and that they allowed an usurper into office.
If they were to uphold precedent they would have to rule Obama ineligible, they simply will never do that.
They will dodge it if at all possible.
If forced, they will find Cruz and Obama eligible along with millions of potential enemies.

There has been a long-standing effort to eliminate the natural born citizen requirement. This way there is no messy and difficult amendments necessary.


56 posted on 04/22/2016 11:42:36 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 53 | View Replies]

To: Lurkinanloomin
Ted's pal Roberts ?

He's a “principled conservative”, why would he twist himself into a pretzel ?

</sarc>

57 posted on 04/22/2016 11:43:07 AM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
[ Post Reply | Private Reply | To 54 | View Replies]

To: SeekAndFind

I never understood this while standing concept. Wouldn’t any citizen have the potential to be “injured” by a person executing and signing laws that would govern him/her, especially if that person was not eligible for the office? One would think therefore that any citizen would have standing on this issue.


58 posted on 04/22/2016 11:45:12 AM PDT by usafa92 (Trump 2016 - Destroying the GOPe while Making America Great Again)
[ Post Reply | Private Reply | To 1 | View Replies]

Slow news. This petition for cert was filed in March.
59 posted on 04/22/2016 11:49:13 AM PDT by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Hopefully this ends this silliness.


60 posted on 04/22/2016 11:50:17 AM PDT by Iowa David (Cruz 2016 - Before it's too late)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 281-300 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson