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To: Disestablishmentarian
-- ... though it was the FACTS that are in question there, not the LAW (as in case of Cruz). No one is questioning Cruz's honesty. --

Yup. But the law is easily obfuscated, plus no entity with "authority" (secretaries of state for ballot access, the courts) are going to produce a substantive analysis of the law.

What will happen is the creation of a legal fiction that all births that do not involve a naturalization proceeding are natural born. It doesn't matter whether that is true or false, what matters is that definition produces the desired result. The reason that result is desired is that nobody wants to create a legal/constitutional mess after the campaign has been legitimized as far as it has. Face to save and all that.

Assuming the law is opposite, that truth will be either ignored or written off as a historic artifact. The original meaning of the term has ZERO impact on the ultimate outcome. Living constitution, the one that has abortion and homosexual marriage as guaranteed civil rights.

Second amendment case law follows this pattern. When the body of decision repeats a falsehood enough times, it becomes the truth. A few people know otherwise, but numbers always beats truth, force always beats right.

On 2nd amendment, see the Presser case, and then see how it is applied. Presser says "state may not," and courts that cite Presser claim that Presser stands for the proposition that "states may." Total opposite.

NBC will go the same way.

80 posted on 01/09/2016 1:41:57 PM PST by Cboldt
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To: Cboldt

Is there any validity to Trump suggesting to Cruz that he get a court to somehow certify his eligibility? If so, what would be the legal process?


82 posted on 01/09/2016 3:11:08 PM PST by Disestablishmentarian
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