9th Circuit Court Would Likely Keep Cruz Off Ballot

London Telegraph ^ | February 5th, 2016 | reasonmclucus

[kathsua]

Those who think Sen. Ted Cruz can be elected to a job he isn’t eligible for are ignoring the 9th Circuit Court of Appeals in San Francisco. If Republicans make the mistake of nominating Cruz for President of the United States, Democrats in California and other states will challenge his eligibility. There’s at least a 90% probability the 9th Circuit Court in San Francisco would rule him ineligible because he is a naturalized citizen rather than a “natural born citizen” as required by the Constitution.

[Qwackertoo]

The 9th Circuit is the joke of judicial circuits.

[one Lord one faith one baptism]

Really?

When did he become a citizen if not at birth?

You are up.

[RobbyS]

One can be a natural-born citizen by two rules: jus sanguinas OR Jus soli. You would disqualify y a million or more Americans born abroad. but now living in the United States, including three of my children. Don’t forget that the words natural and native have the same Latin root.

[RobbyS]

Birthers have a better claim to being a cult, since the courts have refused to receive your cases.

[lodi90]

Btw, the leftists don’t control the Supreme Court.

That will change if Trump starts appointing Larry Tribe types he loves so much. Once a leftist, always a leftist.

---

Trump? Cruz endorsed Roberts and cited Tribe. Real own goal here for Team Cruz. LOL.

http://www.nationalreview.com/article/214989/right-stuff-ted-cruz

[frankenMonkey]

The Supreme Court would take the case on an expedited basis, and would very probably reverse.>

And the media will be talking about it, for good or bad, from decision day till election day. And the low-information voters and middle-of-the-roaders will stay away from Cruz in droves. I can just hear Hitlary now, "I personally have no problem with my Canadian friends, and it's just terrible how this issue continues to dominate the news."

[RC one]

when did citizen at birth become the definition of Natural Born Citizen. here's a score of legal opinions that suggest a much different definition. I'll be shocked if you can read them with your helmet obstructing your vision the way it is:

Rep. John A. Bingham commenting on Section 1992 of U.S. Revised Statutes (1866) said:

it means every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.

John A. Bingham (Cong. Globe, 39th, 1st Sess., 1291 (1866))

John Armor Bingham (January 21, 1815-March 19, 1900) was an American Republican congressman from the U.S. state of Ohio, judge advocate in the trial of the Abraham Lincoln assassination and a prosecutor in the impeachment trials of Andrew Johnson. He is also the principal framer of the Fourteenth Amendment to the United States Constitution.

The first section of the second article of the Constitution uses the language, a natural-born citizen. It thus assumes that citizenship may be acquired by birth. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth.

Justice Curtis in his dissenting opinion of the Dred Scott decision and speaking specifically of natural born citizens and article II, section I, clause 5

It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.

James Madison

The doctrine of the common law is that every man born within its jurisdiction is a subject of the sovereign of the country where he is born, and allegiance is not personal to the sovereign in the extent that has been contended for; it is due to him in his political capacity of sovereign of the territory where the person owing the allegiance as born.

Kilham v. Ward 2 Mass. 236, 26 (1806)

As the President is required to be a native citizen of the United States. Natives are all persons born within the jurisdiction and allegiance of the United States.

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence, A very respectable political writer makes the following pertinent remarks upon this subject. Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.

St. George Tucker, BLACKSTONE'S COMMENTARIES (1803)

Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign. Two things usually concur to create citizenship: first, birth locally within the dominions of the sovereign, and secondly, birth within the protection and obedience, or, in other words, within the allegiance of the sovereign.That the father and mother of the demandant were British born subjects is admitted. If he was born before 4 July, 1776, it is as clear that he was born a British subject. If he was born after 4 July, 1776, and before 15 September, 1776 [the date the British occupied New York], he was born an American citizen, whether his parents were at the time of his birth British subjects or American citizens. Nothing is better settled at the common law than the doctrine that the children even of aliens born in a country while the parents are resident there under the protection of the government and owing a temporary allegiance thereto are subjects by birth.

Justice Story, concurring opinion,Inglis v. Sailorsâ Snug Harbor, 3 Pet. 99, 155,164. (1830)

The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.

Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)

Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.

William Rawle, A View of the Constitution of the United States, pg. 86 (1829)

The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle

Horace Binney, American Law Register, 2 Amer.Law Reg.193, 203, 204, 206, 208 (February 1854).

That all natural born citizens, or persons born within the limits of the United States, and all aliens subject to the restrictions hereinafter mentioned, may inherit real estate and make their pedigree by descent from any ancestor lineal or collateral.

January 28, 1838, Acts of the State of Tennessee passed at the General Assembly, pg. 266 (1838)

The term citizen, was used in the constitution as a word, the meaning of which was already established and well understood. And the constitution itself contains a direct recognition of the subsisting common law principle, in the section which defines the qualification of the President. The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not.

Lynch vs. Clarke (NY 1844)

Every person, then, born in the country, and that shall have attained the age of thirty-five years, and been fourteen years a resident within the United States, is eligible to the office of president.

Lysander Spooner, The Unconstitionality of Slavery, pg. 119 (1845)

It is the very essence of the condition of a natural born citizen, of one who is a member of the state by birth within and under it, that his rights are not derived from the mere will of the state.

The New Englander, Vol. III, pg. 434 (1845)

This is called becoming naturalized; that is, becoming entitled to all the rights and privileges of natural born citizens, or citizens born in this country.

Andrew White Young, First lessons in Civil Government, pg. 82 (1856).

The Constitution itself does not make the citizens, (it is. in fact,made by them.) It only intends and recognizes such of them as are natural—home-born—and provides for the naturalization of such of them as were alien—foreign-born—making the latter, as far as nature will allow, like the former.

Attorney General Bates, Opinion of Citizenship, (1862)

All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.

Justice Swayne, United States v. Rhodes, 1 Abbott, US 28 (Cir. Ct. Ky 1866)

Natural-born Citizens, those that are born within the jurisdiction of a national government; i.e., in its territorial limits, or those born of citizens, temporarily residing abroad.

William Cox Cochran, The student's law lexicon: a dictionary of legal words and phrases : with appendices, Pg. 185 (1888)

Citizens are either natural-born or naturalized. One who is born in the United States or under its jurisdiction is a natural-born citizen without reference to the nationality of his parents. Their presence here constitutes a temporary allegiance, sufficient to make a child a citizen.

Theodore Dwight, Edward Dwight, Commentaries on the law of persons and personal property, pg. 125 (1894)

The notion that there is any common law principle to naturalize the children born in foreign countries, of native-born American father and mother, father or mother, must be discarded. There is not, and never was, any such common law principle.

Binney on Alienigenae, 14, 20; 2 Amer.Law Reg.199, 203

[RC one]

They have refused to reverse Roe v. Wade too. Does that make pro-lifers cultists?

[bigbob]

Except you have absolutely nothing to base that one other than wishful thinking. In reality, the combined forces of the DNC (publically) and the RNC (behind the scenes) would do everything possible to drag out a court proceeding to either run out the election clock or to discredit Cruz as much as possible. They won’t use this nuclear option unless Cruz gets the nomination of course.

[RC one]

All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.

Justice Swayne, United States v. Rhodes, 1 Abbott, US 28 (Cir. Ct. Ky 1866)

Natural-born Citizens, those that are born within the jurisdiction of a national government; i.e., in its territorial limits, or those born of citizens, temporarily residing abroad.

William Cox Cochran, The student's law lexicon: a dictionary of legal words and phrases : with appendices, Pg. 185 (1888)

Citizens are either natural-born or naturalized. One who is born in the United States or under its jurisdiction is a natural-born citizen without reference to the nationality of his parents. Their presence here constitutes a temporary allegiance, sufficient to make a child a citizen.

Theodore Dwight, Edward Dwight, Commentaries on the law of persons and personal property, pg. 125 (1894)

[Oklahoma]

You just think you are quite educated.

[Red Steel]

If Cruz was born in 1930 he would not be a US citizen. He’d be all Canuckistan. A law had to be created to create Cruzie a US citizen. No US law no US citizenship. Fed statutes are not natural.

[Suz in AZ]

It doesn’t help him either that the department of justice has been teaching new citizens for naturalization (and is a practice question) and published in their course books that to be president, you must be born in the United States. It’s been part the traditional definition of NBC for generations. If not, like someone said, the Prince of Jordan could be deemed eligible...

[Red Steel]

I am after almost a decade of studying this issue and many here have much knowledge on this issue.

[one Lord one faith one baptism]

“Or those of citizens temporarily residing abroad”

Lol, do you even read what you post or maybe your helmet is too tight?

I guess Trump is rich enough to find an attorney to bring suit to have Cruz declares ineligible?

Or maybe, just maybe, he doesn’t like to waste legal $$ and be made a fool of in court?

Which is it?

[RC one]

Whatever your opinion may be, it is true that all of the presidents to date have been born in one of the 50 U.S. states.... all 44 presidents were born on U.S. soil

226 years of Precedent says you're wrong.

[Bobalu]

I’d like Cruz as president....

I’d like Cruz just as much as a supreme court judge..

Just think, he could actually still be serving on the court in 2060! He’d be a bit old, but still..it’s possible :-)
(especially given the advances coming in medicine)

It gives me pause when I consider that Winston Churchill also had an American mother and a foreign father (British) and was born on foreign soil. Could Churchill have been judged a NBC? And could he have run for the presidency?

Go Trump!
Go Cruz!
Go Rubio! (and NEVER come back!)

[RC one]

You’re really going to call her stay in Canada temporary? She was married there. She had a child there. She had a job there. She wasn’t on a vacation. She was living there.

[<1/1,000,000th%]

No one has standing to sue for such a case. Remember Obama?

[Safrguns]

>>> I’m quite educated on the natural born citizenship issue. Cruz has a very weak case.

Thats what I think... very weak...
Especially considering that the US Senate investigated McCain’s eligibility in a special hearing in 2008.

There, they applied the place of birth AND citizenship of BOTH parents definition to determine that he was eligible.

But did McCain demand equal treatment for his opponent???

Hell no. He rolled over and played dead like a good doggie.