Posted on 02/18/2016 2:38:43 PM PST by 2ndDivisionVet
Donald Trump's threatened to sue Ted Cruz to keep him off the ballot because of his Canadian roots -- but two New Yorkers have beat him to the punch.
The pair filed papers in Manhattan Supreme Court Thursday asking the court to order Cruz off the ballot in the the New York State Republican Presidential primaries, arguing he's ineligible to run because he was born in Canada.
Cruz has insisted that he is qualified to be President because any child born abroad to an American citizen gets American citizenship automatically.
When Cruz was born in Canada in 1970, his mother was an American citizen. She was born in Wilmington, Delaware. His father was a native of Cuba who became a citizen of Canada after Cruz was born.
In court papers, Barry Korman and William Gallo say Cruz "has publicly admitted that he was born in Canada" and New York State election law says "a person shall not be designated or nominated for a public office or party position who is ... ineligible to be elected to such office or position or ... meet the constitutional or statutory qualifications."
They point out that Article II Section 1 Clause 5 of the US Constitution says "no person except a natural born Citizen or a Citizen of the United States at the time of the Adoption of this Constitution shall be eligible to the Office of President."
Therefore, they contend, Cruz is "constitutionally ineligible" to become President.
Cruz maintains he is a "natural born" citizen, because his mom was a citizen.
The action against the NYS Board of Elections was filed by Manhattan attorney Roger Bernstein.
New York's Presidential primaries are April 19.
Cruz is facing similar challenges in at least two other states.
Let them waste their money.
Excellent point.
Legal arguments do not have to make sense to you, but actully you are correct that a child born of an American over seas that does not have to be naturalized is by that fact a citizen at birth and there fore a natural born citizen. Unless you want to claim that C-sections do not count or some other notion.
* C-section was for humor it has been most lacking about FR of late.
Wait, check these guys donation history. If they run a NY business they’ll have donated to leftists!
Those new york values evidently
It is quite bizarre that we do not know for sure who is eligible to be the President. I can't imagine why Cruz didn't strive for clarity before the campaign started.
Other pieces in the puzzle. Have we ever seen Cruz's birth certificate? Did he register for the US draft? Have we seen the certificate issued saying he is a US citizen?
In November NY is going to vote for the most socialist candidate, so the primary my not even be relevant.
Barry Korman and William Gallo? And what are their ties to Trump?
Hmmmmm, seems to be a pattern there. Trump and associates.
I see Trump elated. That will enable the 2 strongest branches of anti-establishmentism to unite.
Yawn.
And this requirement of “exclusive” allegiance via “subject to the “exclusive” jurisdiction of the United States, including political jurisdiction” was upheld in Congressional hearings in 2000 when hearings were held on an amendment to the Constitution that was brought by Rep. Barney Frank of Massachusetts. Lengthy hearings, with witnesses from both sides of the argument and Congress denied the change to the Constitution. Then again in 2004, same situation, only this time, the coauthors of the bill were Republicans and Democrats trying to remove that pesky “exclusive” clause that stands in their way of finally destroying what is left of the US Constitution. “Citizenship” is the sacred thread that binds a society and secures borders for their posterity, for all future generations; once that is destroyed (dumbed down), they can now have their utopian global society.
well, if what you are dreaming of is a global utopia, then Cruz definitely is your man, Constitution be damned!
For those who don't know, in NY, the "Supreme" court is the LOWEST court. It is a trial court, not even an appellate court.
They already tried this in Illinois, and got shot down. Also, if they are going to deny Cruz, then they will also have to deny the GOPe darling Rubio, so I doubt this will come to anything.
Do you mean Barack Hussein Obama’s Department of Justice? Hahahahaha!
The ill ruling ignored original intent. Most conservatives know what a Natural born us citizen literally means.... Now does not Obama hail from ill... You think ill cares about original intent of the Constitution? Cruz sure does not.
What you think is irrelevant. What I think is also irrelevant. What is relevant are the current laws. And yes, millions of babies that you describe are, under current law, US citizens at birth and NBCs.
Sorry, that is not the current law. The current law is found in USC Title 8 section 1401.
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