Posted on 02/19/2016 4:41:50 AM PST by SeekAndFind
Birtherism is now officially a legal issue, as the eligibility of Sen. Ted Cruz to run for president will have a hearing Friday in Chicago, according to multiple news outlets.
According to CNN and ABC, a Cook County Circuit Court judge will hear a lawsuit brought by an Illinois voter who says Mr. Cruz is not a natural-born citizen, as the Constitution requires, because he was born in Canada.
Mr. Cruz has never denied being born in Canada, but maintains that the issue is ridiculous because under longstanding U.S. statutory law, he was automatically a U.S. citizen at birth because his mother was a U.S. citizen.
But Lawrence Joyce maintains otherwise and had filed an earlier case with the Illinois Board of Elections, only to have it rejected earlier this month.
Mr. Joyce told WBBM radio that he supports retired neurosurgeon Ben Carson and has not been in consultation with the campaign of real estate mogul Donald Trump, who has repeatedly said Mr. Cruz might not be eligible to take office.
Still, Mr. Joyce told the station, "my case presents the perfect opportunity for Donald Trump himself to step forward and bring the matter to court personally."
Like Mr. Trump though, Mr. Joyce said his concern is that the eligibility issue lie unresolved during Republican primaries, thus letting the Democrats take advantage of it after a potential Cruz nomination, when it'd be too late.
"At that point, all fundraising would dry up. And his support in the polls would drop dramatically. He may be forced at that point to resign the nomination," Mr. Joyce said.
At a CNN town-hall meeting Wednesday night, the issue was brought up by a voter to Mr. Cruz, who calmly said the legal issue has been "clear from the very first days of the republic."
(Excerpt) Read more at washingtontimes.com ...
Link please?
Obama was wise enough to pretend to be born on American soil.
Aren’t all Cook County Circuit Court judge Democrats (and politically active)?
I’d think only a state judge with a political agenda would accept this case.
Does anyone from Illinois have any insight on this?
Are they going to hear Obama’s at the same time? Not one Republican had the guts to do this when Obama was running.
Past time to get this out in the open and judicially resolved before nominating Cruz
It's a Cook County judge, not a federal judge. Obama doesn't appoint state and local judges.
That may well be but it was the operating theory at the time of the writing of the Constitution. The meaning of the term "natural born citizen" must be understood by the legal meanings at the time of its drafting, not by modern political theories. This was the whole point of the late Justice Scalia's insistence of originalism when interpreting the Constitution.
My prediction - dismissed for a lack of standing
WHAT??
Follow the constitution???
I’ll believe that when I see it.
He doesn't, and I expect the court will rule as such.
Everyone’s citizenship is established by law, even if you are born in the US. See USC Title 8 section 1401. Section A is the law that makes those born on US soil citizens at birth.
Further, in USC Title 8 section 1101, naturalization only occurs AFTER birth. If you are born a citizen, you are naturally (i.e. not by act of a person) born and qualify for NBC.
If not for the 14th Amendment and the laws enacted to implement it not a single African-American in this country would be a citizen of any kind. Are you saying they can't be natural-born citizens because of the law?
Prince William is in-line to become Supreme Ruler of the British Isles by inheritance.
This is the crux of the “natural born citizen” issue.
Cruz is not a natural born citizen, Rubio is not a natural born citizen, and Obama is not a natural born citizen. The effort to destroy the NBC clause is at full tilt and it seems like alot of freepers are more than willing to drive the final nail.
Scalia seems to have been a texualist rather than originalist.
I’m not sure there are any originalists in today’s legal system.
But you seem to say that they might not be a natural-born citizen. What's the deciding factor?
Yes I guess my daughter can never be president. It was promised to me at the American embassy in 1973 that she was as much of an american citizen as I was if she lived 14 years in us before she was 21. This is a big Trumped up thing. He is slime and I will NEVER vote for him. So you guys can nominate him and watch him lose in a year that a conservative should have dominated. I guess the people pulling the strings on the left are pretty smart to think this many people can be fooled at once...
Chicago Court
If Prince William had been born in Australia while his parents were on a visit are you saying he would not be eligible for the throne?
How does this plaintiff have “standing” and the Obama plaintiffs never did?
Why ask a question when you already know the answer?
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