Posted on 01/15/2016 6:15:29 PM PST by Extremely Extreme Extremist
DALLAS (CBS11) – The political question whether Texas Senator Ted Cruz can be President may now become a legal drama, too.
Houston attorney Newton Schwartz filed a federal lawsuit against Cruz asking the judge to declare the Republican presidential candidate ineligible to become President. “Just real simple. A one sentence ruling. He is eligible and is natural born citizen or he is not a natural born citizen.â€
Schwartz said the Supreme Court hasn’t defined what a natural born citizen is.
(Excerpt) Read more at dfw.cbslocal.com ...
Standing issue. Will be tossed - like Obama had the ones against him tossed.
Dems will have standing though.
http://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/204DB2014-Schwartz.pdf
https://www.ladb.org/DR/handler.document.aspx?DocID=7798
Wondering... I don't know... But I wonder.... Is Tony Schwartz who cowrote "The art of the deal" with Trump, related to him?
http://www.amazon.com/gp/product/B000SEGE6M/ref=dp-kindle-redirect?ie=UTF8&btkr=1
“impact” can be defined many ways...
This attorney is a Bernie Sanders supporter.
Standing has never been denied based a person’s political party. I don’t know why you think being a Dem is going to make a difference.
A lot of Hillary supporters were among those suing over Obama eligibility.
Here they are head-to-head on the issue:
https://www.youtube.com/watch?v=v9L-prXogME
Trump gets spanked here.
It’s really not a fair fight if you compare their experience in this venue.
How so? Paula Jones was denied standing in 2000.
So is Mr. Schwartz able to bring a lawsuit?
Does he have standing?
I wonder who is funding him?
It is going to be fun watching a contest in making real law, and the Presidence and two or three Supreme Court Justices as the prize.TWB
>> Newton Schwartz was disbarred retroactive to February 14,2014 for 3 years
This debarment was in Pennsylvania. Does that have any bearing on the case filed in Texas?
I do not expect that standing can be established.
Prob not in the Dem's best interest until after the convention. If Dems disqualify Cruz, support consolidates behind Trump. If they don't, Cruz can attack Trump and the Dems get to watch and see if anything sticks and if they can pick up the pieces.
“What does it mean to be a natural born citizen?
Most legal experts contend it means someone is a citizen from birth and doesn’t have to go through a naturalization process to become a citizen.
If that’s the definition, then Cruz is a natural born citizen by being born to an American mother and having her citizenship at birth. The Congressional Research Service, the agency tasked with providing authoritative research to all members of Congress, published a report after the 2008 election supporting the thinking that “natural born†citizenship means citizenship held at birth.
There are many legal and historical precedents to strongly back up this argument, experts have said.
Those precedents were the subject of a recent op-ed in the Harvard Law Review by two former solicitor generals of opposing parties, Neal Katyal and Paul Clement, who worked for Presidents Barack Obama and George W. Bush, respectively. They wrote that “natural born†had a longstanding definition dating back to colonial times.
British common law recognized that children born outside of the British Empire remained subjects, and were described by law as natural born, Katyal and Clement wrote.
The framers, of course, would have been intimately familiar with these statutes and the way they used terms like natural born, since the (British) statutes were binding law in the colonies before the Revolutionary War, they said.
Additionally, the first Congress of the United States passed the Naturalization Act of 1790, just three years after the Constitution was written, which stated that children born abroad to U.S. citizens were, too, natural born citizens. Many members of the inaugural Congress were also authors of the Constitution.”
Please be aware “natural born” and “native born” are NOT synonomous.
“The U.S. recognizes citizenship according to two fundamental principles: jus soli (right of birthplace), and jus sanguinis (right of blood). Under jus soli, a person receives American citizenship by virtue of being born in the United States. By contrast, jus sanguinis confers citizenship on those born to at least one U.S. citizen anywhere in the world. A person who does not qualify under either of these principles may seek U.S. citizenship through the process of naturalization.â€
There have been court cases, including US Supreme Court that have looked at the various laws and have also gone back as far as ancient Roman law as well as English and French law.
The few cases I have looked at confirm that the US Congress has acted well within the spirit of our Constitution and the common law it was based on.
The lawsuit won’t. The issue already has.
IRREFUTABLE AUTHORITY HAS SPOKEN
(Oct. 18, 2009) The Post & Email has in several articles mentioned that the Supreme Court of the United States has given the definition of what a ‘natural born citizen’ is. Since being a natural born citizen is an objective qualification and requirement of office for the U.S. President (and VP), it is important for all U.S. Citizens to understand what this term means.
http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen/
You need to analyze what is actually written there. I don’t think it says what you think it says.
BTW the US vs Wong Kim Ark comment is a dissenting opinion from the Chief Justice at the time and even if it did state what you think it states carries no legal weight whatsoever.
A case must be about what is in dispute in order to set precedent, rather than simply an opinion used to justify deciding a separate question. As it stands there are a million “comments” in thousands of decisions that are no more significant than legal footnotes.
Of course it won't. Why would it when Republicans no longer care about the natural law or the requirements of the Constitution?
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