Posted on 01/15/2016 7:38:46 AM PST by Lockbox
Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,†a fellow Texan claims in a “birther†challenge filed against the senator in a U.S. court.
Donald has plenty of attorneys. Do you really think he didn’t talk to them before saying that.
And there is a process to get a Declatory Judgement. There is clearly a controversy. It’s in all the papers with legal experts weighing in on both sides.
It baffles me sometimes about FReepers here. On one hand they want a fighter as their candidate and then when they do fight then they are not playing nice.
When I was a campaign manager we challenged every signature on our well-heeled opponent’s nominating petition. We got them DQ’ed because they did not have enough valid signatures. Was that nice? Probably not. But we saved a boatload of money because we did not have to fight an expensive primary battle. I support Cruz but see nothing wrong with what Trump is doing. I would actually think less of him for not using every weapon at his disposal to beat an opponent(Looking at you Mitt and Juan). Trump is warming up for the general election.
Orly Taitz is amused.
You have me convinced. I think the real damage here politically speaking is that we are discussing it at all.
If Federal court, a "controversy" means there has to be parties on both sides of the issue bringing the case to court. If Cruz brought it to court himself, who would he sue?
And there is a process to get a Declatory Judgement.
Yes, but the first step in the process is that someone with standing would have to sue Ted over the eligibility question - there has to be an actual case before the court. Then Ted could ask for a declaratory judgment to resolve the case. If Ted went to court on his own with no opposing party, he would be asking for an advisory opinion, which the court will not give.
So once again, if Trump's true concern is for Ted to be able to get this behind him, he could sue Ted himself so Ted could ask for a Declaratory judgment. If he REALLY wanted to help, he would choose not to oppose the request for declaratory judgment. Do you really think Trump will do that?
There is over 100 years of accepted definition for natural born citizen. Cruz meets that parameter.
A citizen of the United States is either a naturalized citizen or natural born, there is no 3rd option. Cruz is not a naturalized citizen because he is by definition a natural born citizen.
His mother as a citizen does have to meet certain basic requirements for TC to be considered an American citizen which she did/does.
A few lower courts might play politics with this early on but once it moves up to any serious judiciation, Liberal or Conservative the ruling must be the same.
Of course. Should Rubio move up in polls, there will be lawsuits against him also.
Oh heck, just call it what it is...they are both anchor babies for the paternal side. They are both ineligible! Under both interpretations: 2 citizen parents or citizenship follows the father.
The only alternative would be that someone would have to be born on this soil to be considered “natural born” So if say you went on vacation abroad or down to Tijuana for a weekend and your wife gave birth you would have to have your child “naturalized’” because they wouldn’t be considered “natural born”
That’s ridiculous on it’s face. And what makes this entire discussion rather silly.
It’s funny how a whole new set of Cruz bashers have appeared out of nowhere lately. Many of the previous ones have disappeared.
Schwartz, born in Houston, TX, and not a "move-in" like Cruz, leans toward a Sanders' Presidency.
> I merely quoted to you and responded.
My statement: That Resolution is meaningless.
Your “quote”: ‘That [Senate] Resolution [denieed Cruz] is meaningless.’
trump has a lot of money. trolls don’t cost much. There probably available for less than the $4- $5 per hour than trump paid off the books to Polish illegals.
There should be they’re.
Once a lawsuit is filed, I understand it's too late to plead for a Declaratory Judgemet.
And here is what Wikipedia says....
"A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, when only a contract claim is filed, but a copyright claim might also be applicable). In some instances, a declaratory judgment is filed because the statute of limitations against a potential defendant may pass before the plaintiff incurs damage (for example, a malpractice statute applicable to a certified public accountant may be shorter than the time period the IRS has to assess a taxpayer for additional tax due to bad advice given by the C.P.A.)."
Wikipedia on Declaratory Judgements
Don't question the Donald. He has the best lawyers money can buy and more of them.
But that's okay. Cruz didn't stand a chance anyway. And I really hope Donald goes for someone who has some economic understanding for VP.
“A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.” U.S. v. Wong Kim Ark, 169 U.S. 649, 702-703
You mean the lawyers who told him in September that there was no question that Cruz was eligible???
So in 0’s case, nobody was able to “thread the needle” and get a suit going in the right time, in the right place ?
What about in the time —before— the certification of election by the several states?
Who has standing then?
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