Ted Cruz Risks Primary Disqualification in New Jersey, Other Late-Primary States, Charges Professor

Morningstar.com via Endingthefed.com ^ | April 8, 2016 | PRNewswire

[patlin]

BETHESDA, Md., April 8, 2016/PRNewswire/ — Ted Cruz risks primary disqualification in New Jersey resulting from charges of ballot access fraud. A primary ballot disqualification hearing is scheduled by the Secretary of State for Monday, April 11 at 9:00 a.m. in Mercerville, New Jersey.

Washington D.C. Law Professor Victor Williams charges that Ted Cruz fraudulently certified his constitutional eligibility for office to gain ballot access. Williams demands that Cruz be disqualified from several late-primary ballots: “Cruz committed ballot access fraud in each state when he falsely swore that he was a ‘natural born’ American citizen.” Cruz was born in Calgary, Canada and held his resulting Canadian citizenship until May 2014. Cruz is a naturalized (not natural born) American citizen.

[patlin]

Please explain for us how 2 wrongs make a right?

[Cboldt]

-- it would seem to me that Elliot missed the mark in making his case by relying so heavily on "articles" rather than on Supreme Court precedent such as the Rogers v. Bellei --

I don't recall reading Elliott's complaint or brief (or Farrell's, he dropped his case and went on to represent Elliott), but the amicus briefs noted some of the precedents, in particular Wong Kim Ark (referred to in Bellei).

-- I do not see the SCOTUS even entertaining Elliot's case. --

I agree, but not because the case was argued poorly below.

The U.S. Supreme Court has "clearly, unambiguously made the distinction between natural-born and a naturalized citizen," Elliott argued.

"No they didn't," Pellegrini replied.

Pa judge hears Ted Cruz 'birther' challenge - The Morning Call -

[DoughtyOne]

Poor Ted renounced his only citizenship in 2014.

Now what? LOL

There goes that run for Prime Minister. Drat!

[NFHale]

Got no explanation for you. You’ll have to figure that out for yourself, friend.

[CommerceComet]

Have you ever seen a presidential ballot application? Right on it one must sign under oath that they are a ‘natural born citizen’, therefore, if he signed that he was, he committed fraud.

I'm late to this thread and haven't read through it yet, so I apologize if this issue has already been addressed.

If Cruz has reasonable grounds to believe he qualifies as a natural born citizen, there is no intent to commit fraud. No court in the land would convict someone under these circumstances.

The question of what constitutes a natural born citizen is clearly not as firmly established as some would want to believe. Cruz has lots of legal authorities who agree with his position.

[patlin]

we fought a revolution against British Common Law

And therein lie the obfuscation, we did not fight a war against British ‘common’ law, we fought a war against British ‘feudal’ law. There is ‘common’ law and there are the laws of the king's prerogative, these are the feudal laws by which mankind becomes slaves to the king because the king is sovereign. Under common law, the sovereignty is in the people.

Common law is the ancient, unwritten law known as jus commune. Its existence predates that of any human king or nation.

Feudal law is the law created by any given king & his government known as jura corona or lex prerogative.

http://lonang.com/library/reference/tucker-blackstone-notes-reference/tuck-1e/

United States law is a combination of jus commune and jus corona. Congress was given no authority to regulate jus commune as those laws existed before any kings or nation, they are laws of our Creator that mankind was given no authority to regulate in His Name. So the ruse is, while there were laws common to Great Britain, those laws were not jus commune, they were jus corona written specifically for the kings territories.

Shalom

[patlin]

do you have a link to the amicus briefs?

[patlin]

If Cruz has reasonable grounds to believe he qualifies as a natural born citizen, there is no intent to commit fraud

he is a constitutional lawyer who has argued before the Supreme Court and to say he is not aware of Rogers v. Bellei (1971), a frequently referenced SCOTUS case used to this day, even by the government, if this be the case, the Cruz is no constitutional scholar and a very ill educated lawyer.

[Cboldt]

Einer Elhauge Brief

Mary Brigid McManamon Brief

[Tammy8]

Do we actually know if both of his parents were American citizens?

[Cboldt]

Einer Elhauge Brief

Mary Brigid McManamon Brief

Ahaha -- found Elliott's brief too.
Carmon Elliott Brief in PA Supreme Court 29 MAP 2016

[CommerceComet]

You do realize that Cruz is using some of the same DC lawyers that Obama used. Yes, birds of a feather flock together and Cruz, being a DC insider, knows all the right wolves to call to his defense.

Guilt by association is always a weak argument but this one is particularly so. Most major law firms pay no attention to partisan politics and will accept clients based on the legal issues involved, not party affiliation. I'm sure that Obama and Cruz would seek out the best constitutional attorneys that can be found. Since they are using similar arguments, it is not at all surprising that they would hire the same attorneys.

If one examined the client list of Trump's outside attorneys, I'm certain you'd find some embarrassing associations there, too.

[patlin]

Poor Ted renounced his only citizenship in 2014

I really do not understand how so many can come to such a conclusion given the fact that an electoral/voter role holds absolutely no weight or evidence that Betty Cruz personally & formally renounced her US citizenship. Can we just stick to the evidentiary facts at hand please?

[patlin]

Thank You!

[DoughtyOne]

Ted was born in 1970

In 1970 Canada did not allow duel citizenship.

In 2014 Ted renounced his Canadian citizenship.

Clear enough for you?

[Cboldt]

My pleasure. There is a question about how closely Elliott's trial brief (which Pellegrini had) tracks the appeal brief. The appeal docket was very compressed (a couple days), and the PA Supreme Court said that it would take the trial submissions with new cover pages.

I am pretty sure that Pellegrini was presented with Rogers v. Bellei, and that instead of arguing against the various contentions raised directly by Elliott, he just selected what he wanted to out of Cruz's brief, which will naturally yield the result Pellegrini was determined to deliver.

[ameribbean expat]

More “American” than some states, that’s for sure.

[x]

Although Canada restricted dual citizenship between 1947 and 1977, there were some situations where Canadians could nevertheless legally possess another citizenship. For example, migrants becoming Canadian citizens were not asked to formally prove that they had ceased to hold the nationality of their former country. Similarly children born in Canada to non-Canadian parents were not under any obligation to renounce a foreign citizenship they had acquired by descent. Holding a foreign passport did not in itself cause loss of Canadian citizenship. Wikipedia

[DoughtyOne]

Your parents had to choose for you in 1970, to be a Canadian or a U. S. Citizen at time of birth.

Maybe you can figure this out for yourself, since Ted had to renounce his Canadian citizenship in 2014.

[Syncro]

From the transcript of an interview with Ted Cruz in 2012:

Interviewer: “What is your understanding of how one becomes a natural born Citizen?”

Cruz: “Two citizen parents and born on the soil.”