Posted on 01/15/2016 7:37:32 AM PST by RoosterRedux
To: RoosterRedux
-- Do you think that if Trump wins the nomination he could bring sufficient pressure and influence to get McConnell to change? And if McConnell changed, what would be the next step? --
Action in the Senate is a non-starter. I had an epiphany a few minutes ago. I'll share it.
Whether Cruz is NBC or not doesn't matter, not in the least. What matters is that the Canada BC creates a vector of plausible doubt. How, in the election process is this doubt resolved? At first, in the states.
Trump is 100% right. In the general election, in every state that Cruz as Pres or VP wins, there WILL be a lawsuit. The loser in an election has an absolute right to sue on eligibility grounds, regardless of the margin or loss.
So, the political issue is, does the party want to run an election that gets decided by 20 or 30 lawsuits? Before or after the voters voted doesn't matter so much - just changes how the general election is influenced by court decisions, which could well go against Cruz. Trump said, hey, 5% chance Cruz loses. Do you want to go to war with that risk?
Yes, there is a con-law issue in there too. But either the GOP "sues itself" in the primary, which flat out WONT happen, Cruz is certified qualified in all the states, so no challenge on eligibility is possible; leaving the alternative, lawsuits in the general.
We're stuck with that. Lawsuits in the general are dead certain, if Cruz is the nominee.
121 posted on 1/15/2016, 10:15:45 AM by Cboldt
Ping
Ping
It is so over.
Shouldn’t this be in Breaking News???????
Uh...no. The Federal level could affirm that Cruz is NBC then all lawsuits will be dismissed.
If it was that easy we could just do the same to Hillary. Make her prove her eligibility in all states. Sure she will win, but so will Cruz.
I’ll let you put it there.;-)
Shouldn’t the FEC be verifying that to begin with?
I mean, wouldn’t they tell him he couldn’t run when he filed? Am I just taking crazy pills?
So what if there are lawsuits? Cruz is a NBC via Title 8 Section 1401 subsection G of the US Code. In order to have standing, the person bringing the suit has to show that:
1) they were directly harmed by the action
2) that the actions was not in accordance with exiting law
or
3) that the law itself is unconstitutional
#1 could be met by a losing candidate - true but that is a very limited pool of people. Generally speaking, bringing a lawsuit is expensive and would require a substantial investment of time, money and effort. Anyone bringing that suit would have to do the calculus that the effort would be worth the outcome of the ruling.
#2 nope, per above law, Sen Cruz is a NBC
#3 This would be the only real avenue and would require either that the law itself was in violation of the Constitution (nope) or that Congress does not have the authority to define NBC (nope) or that NBC means something other than being born a citizen and not naturalized (very though road).
frankly i don’t understand why obama, who was born outside of the us top an american citizen mother, is ineligible, but cruz who was born outside of the us to an american citizen mother is eligible.
please explain this to me?
What we learned in the case of Obama is that the FEC relies on the parties to vet and certify the candidates.
What Trump was explaining last night was an example of New York values at work.
It is Blue Privilege.
That is what truly runs the country.
Trump is a Democrat in the mold of Ross Perot pretending to want to help Republicans.
I think lawsuits should be advanced against Trump using precisely the natural born parent arguments outlined by Cruz.
Lawsuit rise and fall on the basis of blue privilege.
New York City values that believe those of us in the South and with Biblical values are contemptible.
We can basically go to political hell because we don’t agree with Trump and his NYC values.
Trump is wealth enough to fend off such frivolous suits.
But Trump is promising and encouraging people to file suites against Cruz.
We are led by a plutocracy in this nation.
Trump is at the head of that Plutocracy.
Doesn't the Sec of State in each state have to verify and certify eligibility of candidates for their names to appear on the ballot? In 2008 they accepted, without question, a mealy mouthed worded certification from the dems that Hussein 0bama was qualified to be POTUS.
Title 8 Section 1401 subsection G of the US Code only creates legal citizens. Being JUST a legally created citizen has no bearing on qualifications for presidency other then at the time the Constitution was adopted. Completely irrelevant distraction issue now.
The issue badly needs to be resolved by the federal courts so that we don’t keep going through this every election and so that we don’t risk electing another Obama.
Cruz’s failure to preemptively address this by seeking a declaratory judgement indicates Cruz only defends the Constitution when it’s certain that it will benefit Cruz.
Her age at the time.
The spectre of litigation should Cruz run for president was raised when he ran for the Senate.
Trump wasn’t running then.
It takes a Racheal Jeantel intellect to lay the responsibility for the problem on Trump.
Based on the law at the time, Obama’s mother had not been a citizen for a long enough time once attaining the age of 14. I think it was set to 5 yrs and she had him before 19. Cruz doesn’t have the same circumstances
I don’t think so.
Here’s what the 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;”
It doesn’t say anything about eligibility with regard to running for the nomination of a party, nor does it say anything about eligibility while running for president.
It only seems to reference eligibility to the Office of President, which to me means the foul occurs once he wins the election, but up until such time as he wins, he has done nothing that couldn’t warrant a suit.
In short, there doesn’t seem to be anything that says Americans can’t nominate someone who is ineligible or even elect someone who is ineligible, but that an ineligible person cannot assume the Office of President.
Which makes me think that he could go all the way, win, and then be disqualified by a suit, and that is not something that I find appealing to be perfectly honest.
Given the incest and Deliverance-type jokes that moneyed New Yorkers tend to toss around about Southerners, I'm impressed that Trump is getting significant traction in the South.
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