Posted on 04/10/2016 8:21:55 AM PDT by RoosterRedux
Ted Cruz risks primary disqualification in New Jersey resulting from charges of ballot access fraud. A primary ballot disqualification hearing is scheduled by the Secretary of State for Monday, April 11 at 9:00 a.m. in Mercerville, New Jersey.
Washington D.C. Law Professor Victor Williams charges that Ted Cruz fraudulently certified his constitutional eligibility for office to gain ballot access. Williams demands that Cruz be disqualified from several late-primary ballots: "Cruz committed ballot access fraud in each state when he falsely swore that he was a 'natural born' American citizen." Cruz was born in Calgary, Canada and held his resulting Canadian citizenship until May 2014. Cruz is a naturalized (not natural born) American citizen.
Williams' fraud charges had quick effect in New Jersey. Rather than accepting Cruz's ballot petition when filed last week, the Secretary of State ( Kim Guadagno) scheduled the unusual Administrative Law hearing for April 11. The Canadian-born Cruz must prove that he did not falsely certify his eligibility for office.
Cruz's ballot eligibility is also being challenged in California, Maryland, Montana, Nebraska, Oregon, South Dakota, and Washington.
(Excerpt) Read more at gloucestercitynews.net ...
I do hope that after you finish eating Moseley’s lunch that you’ll pull that brown paper bag over his head for some cheap laughs for the rest of us? LOL
Sure as Hell Cruz knew the correct answer at the time. It cannot be argued that it was a "mistake" if that is really the question asked.
If those two things are true, that is administrative fraud. It really is not complicated.
“Congress has the authority to make laws of Naturalization, not Citizenship in general”
That is totally false.
You are just making that up.
That is a complete fantasy, for which there is no basis in reality.
Section 5 of the 14th Amendment gives Congress vast powers to define citizenship.
The first Congress passed a law in 1790 defining who is a natural born citizen. The same people who wrote the Constitution passed a law in Congress defining citizenship.
The “necessary and proper” clause gives Congress the power to define citizenship.
“You should try reading the Constitution. Any law passed by Congress in regards to citizenship is naturalization. “
And where exactly does it say that?
Read Section 5 of the 14th Amendment and then get back to me.
Cases are not subdivided in the way that you imagine.
Cases ARE strictly limited to the question presented to the court for decision.
Having studied the briefs, Pellegrini's opinion and order, and proceedings in the Pennsylvania Supreme Court, the fact of the matter is that what you call "my fictions" (which were also presented by Elliott) were not addressed. The court did not remark on the Bellei case, for example, and summarily dismissed contrary scholarly works as "minority opinions," with no analysis.
So you admit to not reading the cases. Thanks for playing. Now go back to helping nominate Ryan so Hillary can be your president.
The Constitution does NOT define “natural born”. The only distinctions using those words in the Constitution are between “citizens” in general and “naturalized citizens”. One who is not naturalized, yet a citizen, one who is born a citizen of the US, is a natural born citizen.
I don’t care who you are talking about...even if Trump had been born in Germany, where his family came from, after his father was a US citizen, he would be a natural born citizen.
Dude you can scream rant rave and pound the table all you want. The fact is Cruz is not getting in. If nobody else Democrats’ Federal judges will ensure hes kicked no matter what you rant on with you opinion of the law.
It's not imagination that there is such a thing as denaturalization, I cited a denaturalization case to show that such exists. It is not imagination that only naturalized citizens are subject to a risk of denaturalization, that is a rule of law, if you will (to the extent the law has any rules at all).
It's not imagination that some citizens who were not naturalized in the first place, are expatriated. It is not imagination that there are cases that touch on and even decide whether an expatriation (of a not-naturalized US citizen) was constitutional.
It is a fact that the line of cases that deals with denaturalization is distinct from the line of cases that deals with the expatriation of citizens who were not naturalized.
Well, if Cruz believes he was born in the United States, then I guess it's okay. LOL. Thanks for your comment, I assumed that the question was simply "eligible" and "natural born citizen," but if it includes attesting to being born in the US, then indeed, it would change the argument about knowingly making a false statement.
IF Mitch the Senate will not resolve Cruz eligible why would you try and subvert the Constitution?
“Mitch McConnell: Why no, the Senate wont pass a resolution affirming Cruzs eligibility like it did for McCain”
He's doing a fine job of bagging himself, and fortunately for me (and FR!), I have clients waiting for me to finish work on their behalf, so won't have much time to play.
Article 1 Section 8. Powers enumerated to Congress by the Constitution.
WRONG. 'Natural born' is bequeath to child by TWO US citizen parents birthing that child on US soil... 'Natural born' is akin to a 'birthright', and it is not something an Act of Congress or any court can give or take. One either has it or they do NOT..
I was born in Germany, by two US citizen parents, but I do NOT have a US birth certificate. Yes, by acts of my parents, I was a 'citizen' at birth, but NOT a 'natural born' citizen. Cruz's parents did not could not bequeath him 'natural born' US citizenship, they are the only people that could. I do not need a lawyer or some judge to tell me what 'natural born' US citizenship literally means.
” what you call “my fictions” (which were also presented by Elliott) were not addressed. The court did not remark on the Bellei case, for example, and summarily dismissed contrary scholarly works as “minority opinions,” with no analysis. “
See, you don’t understand how any of this works.
Those issues were presented to the Pennsylvania Supreme Court.
There is no requirement or expectation that the court is going to discuss all of the points raised.
The Pennsylvania Supreme Court found your arguments to be “without merit” (the technical term) and did not take any time to discuss them.
But the fictions being promoted were presented to — and rejected by — the Pennsylvania Supreme Court.
The Court did not even find them interesting enough to discuss.
“WRONG. ‘Natural born’ is bequeath to child by TWO US citizen parents birthing that child on US soil... “
That is only your opinion. There is nothing in the law that links that to the US Constitution in any way.
There is no requirement to have a US birth certificate.
There is no distinction. A child who is a citizen at birth is a natural born citizen. By definition.
Any citizen at birth is a natural born citizen. Always.
Now that is a real stretch. I gave money also. And most of us voted for them believing what they told us.
I no longer believe any of them.
“Article 1 Section 8. Powers enumerated to Congress by the Constitution.”
And where does that say the power to govern naturalization does not include the power to define citizenship?
It does not.
The power to naturalize includes the power to define citizenship. There is no distinction.
In fact, Section 5 of the 14th Amendment explicitly gives Congress the power to define and implement citizenship. (The power to implement includes the power to clear up confusion, uncertainty, or lacking definitions.)
The necessary and proper clause extends Article 1 Section 8. Powers enumerated to Congress by the Constitution to allow Congress to define citizenship.
Mitch McConnell: Why no, the Senate wont pass a resolution affirming Cruzs eligibility like it did for McCain
Does this mean that Ted Cruz is the candidate of the establishment?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.