Posted on 02/16/2016 5:09:18 PM PST by SeekAndFind
If Republican presidential front-runner and business mogul Donald Trump wants to sue Sen. Ted Cruz (R-Texas), over his eligibility to run for president, he's going to have to do so within days.
Wait any longer, and it might be too late to matter.
In a lengthy Facebook post Trump wrote Monday, the GOP front-runner called Cruz "the single biggest liar I've ever come across" and "a totally unstable individual."
Then Trump threatened to file a lawsuit against Cruz claiming he is ineligible to run for president because he was born in Canada.
Legal experts said Trump must act quickly if he's serious.
"It could be that Super Tuesday will end the race, and if he doesn't do it before Super Tuesday then the race is effectively over," Adam Winkler, a constitutional law professor at UCLA, told Business Insider. "If he's going to challenge Cruz's eligibility, he should do so soon."
Rick Hasen, an election law professor at the University of California at Irvine, agreed, telling Business Insider in an email that, "The longer he waits, the more likely a court would say he's waited too long."
ted cruzAP Photo/John BazemoreTed Cruz.
Although most legal experts believe that Cruz is eligible for the presidency because his mother was a US citizen at the time of his birth, federal courts have never ruled on a presidential candidate's eligibility based on the Constitution's "natural-born" citizen requirement.
The potential Trump lawsuit wouldn't be the first challenging the eligibility of a candidate, however.
Winkler said Trump will need to prove that he is being "injured" by Cruz being in the race in order to show he has "standing" to sue. He added that courts have ruled that candidates would be injured -- which would involve losing votes and/or money -- because of an ineligible candidate.
(Excerpt) Read more at businessinsider.com ...
RE: Yes he could have been considered a citizen, but not a natural born citizen. that requires citizen parents and born here.
THAT is the issue in dispute. Some say he is not, some say that he IS natural born by virtue of his American mother.
Unfortunately, the constitution does not explain to us, what the framers mean when they used the term “natural born”. Some use the definition made by Vattel, some by Blackstone’s commentaries.
We don;t know which ones the framers adhered to.
Absent that, we either have to go to court or Congress has to draft a law clarifying it.
I was looking for your criteria for a single decision, not a group of them.
-- The Illinois complainants have the option of appealing the Election Board's ruling to a legitimate court of law and hopefully getting a more thorough ruling. --
That is true, except I wouldn't say "more thorough ruling," I'd say "proper review." More below.
-- In January the New Hampshire Ballot Law Commission had also ruled that Senator Cruz was eligible. --
Yes, it did. I am familiar with the contents of that ruling.
The criteria I use to distinguish between a "through" and "perfunctory" review is whether and how the reviewing entity addresses the arguments presented. I've seen cases with no record of analysis whatsoever (cert denied is a pretty good example of this - but at this stage there is no right to review anyway); to no analysis but a citation (give the case that controls the outcome); to reviews that state and address each argument relevant to reaching the decision; to cases (like the Arkeney case in Indiana, and even Marbury v. Madison) that state and discuss each argument relevant to the decision as well as additional arguments not necessary to decide the issue, and even arguments not presented at all.
Using that sort of criteria, the IL election board review is not thorough, it is not even a proper review. It contains no evidence whatsoever of analysis of the opposition's legal argument. The opposer's argument is not rebutted, it's case law citations are not mentioned and disposed of.
The NH ballot law commission did not get to the merits. It dismissed the challenge on the basis that it, the election commission, is not qualified to determine the NBC component of eligibility. It doesn't know what that is, and will not accept case law authority that is not deciding the issue of qualification, even if the case law authority correctly decides the case in hand.
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His father was an expatriate. Literally a man without a country. But he did have legal status in both the US, and Canada. Both countries had extended legal entry to all Cuban refugees.
State election boards often don’t submit any written review. In some states the boardmembers just vote on the challenge and all that is written is the minutes of the meeting.
An election board is not a court of law.
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>> “There is a difference between a citizen at birth, and a natural born citizen.” <<
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What gibberish!
The two mean exactly the same thing.
Nuts like you are turning FR into a lunatic asylum.
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We've exhausted discussion on the subject.
“His father was an expatriate. Literally a man without a country. But he did have legal status in both the US, and Canada. Both countries had extended legal entry to all Cuban refugees.”
Exactly how does this mumbo jumbo make Cruz a natural born citizen? I know, It doesn’t. Unless you’re an Obama/Cruz fan.
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Lower55 is a Hillary plant.
Cruz is the only candidate that she has no chance to beat, because he beats her so badly in California.
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“What gibberish!
The two mean exactly the same thing.”
So, an anchor baby is a natural born american citizen? I just want to get this straight. That’s your opinion? That’s utterly ridiculous.
“Lower55 is a Hillary plant.”
First time someone on the left ever said anything like that...LMAO.. What does that make you? An Obama Plant?
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Cruz was born to a US citizen.
That is the sole qualification for natural born citizenship.
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Keep on dancing Valerie.
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“Cruz was born to a US citizen.
That is the sole qualification for natural born citizenship.”
Keep dreaming. It would be great if you could defend your own countrymen as much as you defend the Canadians and Kenyans.
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There is no “anchor baby.”
One’s parents must be here with fully legal status for the child to have access to US citizenship.
Valerie, you are a real case.
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“Cruz was born to a US citizen.
That is the sole qualification for natural born citizenship.â€
What citizen was Rubio born to?????
Can’t wait for these gymnastics....
“One’s parents must be here with fully legal status for the child to have access to US citizenship.”
Not arguing that. But, He was not born a natural born citizen.
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You haven’t seen any legal analysis, and you wouldn’t recognize it if you did.
Trolling is all you have.
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Wrong Valerie.
All that are automatically citizens regardless of place of birth are natural born.
That was Vattel’s definition,and also is in agreement with the stance of common law.
You are wrong from every angle.
But that is the nature of a troll.
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“There is no “anchor baby.â€
One’s parents must be here with fully legal status for the child to have access to US citizenship.”
I understand you’re trying desperately to convince people there is a loophole that makes these people natural born citizens. But to what end is this loophole? Is the sole purpose of all this to allow foreigners to run this country? I would rather stick with what I was taught in school and what makes common sense. Nobody with common sense can consider a foreign born person a natural born citizen. And, an anchor baby being a natural born citizen defies logic and common sense. I guess next you’re gonna claim it was chemtrails that did it.
What can be stated as fact and without any vitriol is that many court decisions over the last nine years have ruled that anyone who qualifies as a “Citizen of the United States at Birth” also qualifies as a “natural born citizen.”
There have been no court rulings over the last nine years which found that there is a distinction between a “Citizen of the United States at birth” and a “natural born citizen”.
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