Posted on 01/15/2016 7:37:32 AM PST by RoosterRedux
To: RoosterRedux
-- Do you think that if Trump wins the nomination he could bring sufficient pressure and influence to get McConnell to change? And if McConnell changed, what would be the next step? --
Action in the Senate is a non-starter. I had an epiphany a few minutes ago. I'll share it.
Whether Cruz is NBC or not doesn't matter, not in the least. What matters is that the Canada BC creates a vector of plausible doubt. How, in the election process is this doubt resolved? At first, in the states.
Trump is 100% right. In the general election, in every state that Cruz as Pres or VP wins, there WILL be a lawsuit. The loser in an election has an absolute right to sue on eligibility grounds, regardless of the margin or loss.
So, the political issue is, does the party want to run an election that gets decided by 20 or 30 lawsuits? Before or after the voters voted doesn't matter so much - just changes how the general election is influenced by court decisions, which could well go against Cruz. Trump said, hey, 5% chance Cruz loses. Do you want to go to war with that risk?
Yes, there is a con-law issue in there too. But either the GOP "sues itself" in the primary, which flat out WONT happen, Cruz is certified qualified in all the states, so no challenge on eligibility is possible; leaving the alternative, lawsuits in the general.
We're stuck with that. Lawsuits in the general are dead certain, if Cruz is the nominee.
121 posted on 1/15/2016, 10:15:45 AM by Cboldt
And then let the FAKE go unchallenged.
:: The loser in an election has an absolute right to sue on eligibility grounds ::
Just to correct the record...
Cletus did not post that statement.
A true statement. A person who is a citizen at birth is a naturally born citizen.
Read title 8 section 1401 subsection A. That is where a person who is born on US soil is a naturally born citizen and is the section that qualifies most of US Citizens as NBC.
The lack of "authoritative opposition" (legal scholars, sane politicians) makes me think that either the country is under a case of mass delusion, or the authorities all desire to open the presidency to naturalized citizens.
Chances are the second option is the correct one.
The fact that a CRBA was not presented along with the BC is of some concern. Hope he's got one, dated within a few days of the BC.
The Texas Secretary of State needs to examine all official documents submitted and signed by Cruz WRT his candidacy.
Cruz/s campaign statements will also be relevant.
The Dallas Morning News piece on Cruz/s dual citizenship....and Cruz/s statement renouncing his Canadian citizenship... should be retrieved from the archives.
Sounds like Obama all over again only Obama was born in Hawaii and Cruz was born in Canada.
Cruz should do an Obama:
“Here it is. The issue is settled. Move along.”
+++++++++++++++++
Disclosure: I do not consider Cruz to an NBC as, to my belief, BOTH parents must be US citizens and “in the service of the USA on foreign soil**”.
Again, we have lowered that bar to include a self-proclaimed foreign-national to ascend to POTUS. Meh.
**in service to the USA means military or members of State assigned to foreign lands...ONLY; this would not include foreign workers employed by American Businesses —unless— the child was birthed at a hospital established by USSoS policy.
Yeah...it gets complicated for Cletus. I am, to this day, not certain whether my wife could be eligible for POTUS. But, she sure as hell runs MY house like a tyrant!
There are all sorts of possibilities if the DEM challenger doesn't concede eligibility.
The first mess happens while states are choosing electors. State and federal courts, and maybe it goes to SCOTUS to get settled.
After the electoral votes are in Congress, Cruz could be the winner (assuming SCOTUS said the issue wasn't ripe), and then another suit, no matter which way Congress goes. Congress seats Cruz, the DEM loser sues ... Congress disqualifies Cruz, Cruz sues. SCOTUS can do whatever it wants at that point. It can say the decision of Congress is conclusive, or it can say it (SCOTUS) has power to check Congress, in case there is a rogue Congress.
Some paths are more messy than others, but all the paths start out in the states won by the GOP. I would say the probability that all state courts would "rule the same way" (not our job, qualified, not qualified) is approximately zero.
I’m talking about the loser in the state elections. Each state stands on its own.
It all will come down to the states. Each state decides who is put on the ballot.
The father claims to have become a Canadian citizen. We don’t know when this occurred. This is never discussed and is kept secret. The campaign claims that the mother arrived in Canada in 1967 and would not have been eligible to become a Canadian citizen prior to the 1970 birth of “Ted”. This a half-truth. She, as the wife of a Canadian citizen, may have been granted Canadian citizenship if she resided in Canada for 12 of the 18 months prior to the application. When the father become a Canadian citizen has a bearing on whether or not the mother may have been eligible to become a Canadian citizen prior to the birth. The fact is we don’t know whether she became a Canadian citizen or not. Why would the father become a Canadian citizen and not the mother?
He can help himself by refraining from half-truths and by being forthright.
Have we learned nothing from Obama’s sacking of the Presidency?
It all will come down to the states. Each state decides who is put on the ballot.
Cruz insulted the citizens of New York last night. I would not be surprised if the NY Secretary of State refused to place Cruz’s name on the ballot..
Yes, I agree. I view that charade as theater with Trump as Master of Ceremonies.
I just quoted that statute to you and presented you with the part which says he is [an alien] “automatically” naturalized at birth by a naturalization statute. In other words, the law is itself the proof Ted Cruz is not and cannot possibly be a natural born citizen, but is in fact an alien born child who was “automatically” naturalized at birth by the naturalization law known as the immigration and Naturalization Act of 1952. The law plainly says Ted Cruz is a naturalized U.S. citizen. No statutory U.S. citizen is or can be a natural born U.S. citizen. The Constitution cannot and did not grant the Congress the enumerated power to use statutory law or positive law to “make” (datus) anyone a U.S. citizen except to “make” an alien born person to be “considered as” or accepted as if they were an actual natural born citizen (natus) under natural law.
you are so right, I can’t believe this is just now coming out, thank you. This is why there was a question on Obama when the birther thing was going around. All because of the mother’s age and her residency issue. Don’t know where I read it but it was all around at the time.
Father’s citizenship is irrelevant. Cruz acquired his citizenship from his mother’s, her US residency, and a statute.
Only if the mother was a U.S. citizen would the statute apply. This would secure his Senate seat. He is not eligible for the Presidency.
Not true. McCain was born in Panama. George Romney was born in Mexico.
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