Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

9th Circuit Court Would Likely Keep Cruz Off Ballot
London Telegraph ^ | February 5th, 2016 | reasonmclucus

Posted on 02/05/2016 8:22:26 PM PST by 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.

(Excerpt) Read more at my.telegraph.co.uk ...


TOPICS: Government; History; Politics
KEYWORDS: 1stcanadiansenator; 9thcircus; birthers; citizen; cruznbc; election; incomingbetimetds; president; reversals; tedcruz
Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120 ... 341-360 next last
To: kathsua

If he really is a naturalized citizen he has zero business running for president. Period. I would hope courts would slap him down.


81 posted on 02/05/2016 9:23:48 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RC one

Canada has no control over Ted Cruz, it is American law that controls his status. No foreign law can supersede or raise a conflicted question about an American’s status based on American law.


82 posted on 02/05/2016 9:25:06 PM PST by txrangerette (("...hold to the TRUTH; speak without fear". - Glenn Beck))
[ Post Reply | Private Reply | To 79 | View Replies]

To: RC one

Bookmarked.


83 posted on 02/05/2016 9:25:06 PM PST by Inyo-Mono
[ Post Reply | Private Reply | To 36 | View Replies]

To: one Lord one faith one baptism

Left without an argument, you are now frantically making sh*t up. The child of an ambassador born abroad while the parent is acting in an official capacity for the government is clearly a NBC according to the common law. Cruz’s mother was not an ambassador. she was living in Canada. Her allegiance was not temporary. Ted is a natural born Canadian citizen and is ineligible to be POTUS.


84 posted on 02/05/2016 9:25:12 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
[ Post Reply | Private Reply | To 74 | View Replies]

To: txrangerette

[[One is natural born when a citizen at birth, requiring no naturalization process to become a citizen nor foreswearing of citizenship in another country. Mom-to-be - American citizen - takes a job in Canada. Baby born while she is there. Baby is citizen at birth. Not naturalized later, but natural born citizen]]

Correct- the SC found that to be the case, as I mentioned in my previous posts- You explained it better than I did-

[[Is not determined by “soil” when birthed. Determined by a parent who is a citizen of the United States. Not two parents, according to applicable statute, one parent.]]

Exactly-

[[It is arbitrary and absurd on its face to think that a Ted Cruz or the offspring of an American serving overseas is who the founders wanted to stop from running for POTUS.]]

Again- exactly- the whole point of NBC or common law was to prevent people who had actual citizenship AND allegiances to other countries from serving here-


85 posted on 02/05/2016 9:26:29 PM PST by Bob434
[ Post Reply | Private Reply | To 77 | View Replies]

To: proxy_user
The Supreme Court would take the case on an expedited basis, and would very probably reverse

Probably be a rare 9-0 decision too.

86 posted on 02/05/2016 9:28:16 PM PST by libertylover (The problem with Obama is not that his skin is too black, it's that his ideas are too RED.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Leaning Right

The answer is absolutely NOT. Canada has nothing to do with whether America recognizes Ted Cruz as a natural born citizen of the United States based on the American citizenship of his mother. Canada is irrelevant to the supremacy of American law. Do not for one second think that if someone is a nbc under American law, Canada or any other country’s claim is controlling over our own laws.


87 posted on 02/05/2016 9:28:24 PM PST by txrangerette (("...hold to the TRUTH; speak without fear". - Glenn Beck))
[ Post Reply | Private Reply | To 66 | View Replies]

To: txrangerette
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.

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

If Canadian law can't supersede US law, US law can not supersede Canadian law. and the fact remains, Canada has the stronger argument given that Ted was born into their jurisdiction and into their protection, that his father was a a Canadian citizen, and his mother was married in Canada, living in Canada, working in Canada, and raising her family in Canada.

88 posted on 02/05/2016 9:28:30 PM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
[ Post Reply | Private Reply | To 82 | View Replies]

To: Bob434
The Supreme Court does disagree...

In the words of Homer Simpson: The Supreme Court, who are they to decide anything?

(just kidding)

89 posted on 02/05/2016 9:28:44 PM PST by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
[ Post Reply | Private Reply | To 75 | View Replies]

To: RC one

If I am living abroad for two years, my allegiance changes?

Now who is making things up?

Allegiance follows citizenship. Cruz’s mother was/is an American and her allegiance never changed to Canada.

What proof do you have it did? Or just making things up?


90 posted on 02/05/2016 9:30:15 PM PST by one Lord one faith one baptism
[ Post Reply | Private Reply | To 84 | View Replies]

To: txrangerette
Given your reasoning Princess Grace's children were eligible to president the moment they took their first breath.

The children of a Mexican drug lord in Mexico married to an American woman would be eligible too at the moment of their birth in Mexico.

Somehow I don't believe this is what the Founders intended regardless of how may Marxo-liberal judges rule otherwise.

91 posted on 02/05/2016 9:30:50 PM PST by wintertime (tStop treating government teachers like they are reincarnated Mother Teresas!)
[ Post Reply | Private Reply | To 77 | View Replies]

To: RC one
I also read the Cruz's mom also **voted** in Canada. Perhaps other Freepers could provide a source for this.
92 posted on 02/05/2016 9:32:19 PM PST by wintertime (tStop treating government teachers like they are reincarnated Mother Teresas!)
[ Post Reply | Private Reply | To 88 | View Replies]

To: proxy_user

A president has already been set by a Judge in Illinois; it involved a lawsuit regarding Ted’s eligibility. The judge denied the lawsuit and declared that Ted was eligible to run for the office.

And .. besides, why are we listening to LONDON ..?????


93 posted on 02/05/2016 9:33:15 PM PST by CyberAnt ("The Fields are White Unto Harvest")
[ Post Reply | Private Reply | To 2 | View Replies]

To: Secret Agent Man

[[If he really is a naturalized citizen he has zero business running for president. Period. I would hope courts would slap him down.]]

mmm yes, just like they slapped down George Romney and john McCain


94 posted on 02/05/2016 9:34:26 PM PST by Bob434
[ Post Reply | Private Reply | To 81 | View Replies]

To: RC one

Why can’t you accept the fact that the Donald and his high priced attorneys agree Cruz is a natural born citizen?

The truth hurts.

You remind me of a Japanese soldier stuck on an island still fighting the war after Japan surrendered.


95 posted on 02/05/2016 9:34:33 PM PST by one Lord one faith one baptism
[ Post Reply | Private Reply | To 79 | View Replies]

To: The Final Harvest

another state’s court system has also declared him eligible too- can’t remember which one now- just happened a day or so ago-


96 posted on 02/05/2016 9:35:57 PM PST by Bob434
[ Post Reply | Private Reply | To 93 | View Replies]

To: Crucial

What legal drama?

There isn’t a legal problem.

That was Trump trying to flimflam everyone.

Iowans didn’t fall for it.

Who is Jim Gilmore?

(I know who he is, I’m making the point, so what? He is a non-entity.)


97 posted on 02/05/2016 9:36:39 PM PST by txrangerette (("...hold to the TRUTH; speak without fear". - Glenn Beck))
[ Post Reply | Private Reply | To 76 | View Replies]

To: unlearner

If he became a citizen because of the naturalization act he is a naturalized citizen.


98 posted on 02/05/2016 9:38:55 PM PST by kathsua (A woman can do anything a man can do and have babies besides;)
[ Post Reply | Private Reply | To 45 | View Replies]

To: txrangerette
Canada has nothing to do with whether America recognizes Ted Cruz as a natural born citizen of the United States based on the American citizenship of his mother

Well, sure. But consider this rather extreme case. Suppose a couple, both US citizens, accept temporary positions to teach in Moscow under some sort of teacher exchange program. And they have a child, born in Moscow. That child goes to Russian schools for five years, and learns what his Russian teachers teach him. Then the family returns to the US.

Is that child "natural born"? The courts would probably say yes. But I say no.

Disclaimer: I am a Trump supporter. But I also like Cruz. Check my previous posts. Nb issues aside, I think a Trump/Cruz ticket would have great merit.

99 posted on 02/05/2016 9:38:59 PM PST by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
[ Post Reply | Private Reply | To 87 | View Replies]

As US citizens, each citizen is a sovereign (as opposed to other countries where just the king, or queen or whatever is the sovereign) and foreign laws concerning citizenship have no hold over us- Another country can claim whatever they like, but as sovereigns, children born to a US sovereign parent anywhere on earth get NBC citizenship by descent


100 posted on 02/05/2016 9:39:26 PM PST by Bob434
[ Post Reply | Private Reply | To 79 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120 ... 341-360 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
Bloggers & Personal
Topics · Post Article

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