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Texas Attorney Files Eligibility Lawsuit Against Ted Cruz…
Conservative Treehouse ^ | January 15th | sundance

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.


TOPICS: Canada; Cuba; News/Current Events; Politics/Elections; US: New York; US: Texas; US: Vermont
KEYWORDS: 1800goldmansachs; 2016election; berniesanders; blamecanada; canada; contrumphouse; cruz; cruzsfault; cuba; cubancanadian; election2016; naturalborncitizen; newtonbschwartzsr; newyork; riskyschemetedcruz; seeyouincourtted; shakeystatustedcruz; sundance; texas; trump; vermont
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To: bjorn14

I think we all want a fighter and a level playing field!


161 posted on 01/15/2016 11:01:50 AM PST by Lockbox
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To: Safrguns

I agree


162 posted on 01/15/2016 11:02:38 AM PST by Lockbox
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To: HarleyLady27

So this attorney has filed suit. The courts will never hear the case as plaintiff has NO STANDING. If only these plaintiffs had the ability to rise from their sitting position and Stand Up would they then ‘have standing’? So, DONALD, the ball is in your court if Sen Ted has locked his records (shame on you Sen Ted, that does show no sign of transparency) If TRUMP wants Ted as VP then I say ask him. NIXON went into office with Agnew, who was then deemed unqualified and had to resign. Once in office, Nixon had to appoint another as his VP to replace Agnew. If and when it was found the Cruz was also unqualified. Trump could do the same. That would be Sen. Ted’s loss, but something he could avoid if he, (if not already done so) open his records to study and scrutinize for courts to make their decision. GREAT AMERICANS need a better understanding of NBC - apparently just as much as elected officers need it. Will we at last have a final ruling on this after 200+ years?


163 posted on 01/15/2016 11:06:15 AM PST by V K Lee (u TRUMP TRUMP TRUMP to TRIUMPH Follow the lead MAKE AMERICA GREAT)
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To: traderrob6

:: British common law recognized that children born outside of the British Empire remained subjects ::

^^provided BOTH parents were British subjects at the time of birth^^; it takes 2 to tango.

The US, on the other hand can point to narrowing that simple requirement to being in service to the USA (military or State business)


164 posted on 01/15/2016 11:10:26 AM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: V K Lee; Cboldt

:: if Sen Ted has locked his records ::

To my knowledge, this is a false statement.

If you can provide proper citation to verify it...please do so. Otherwise I will request that the admin moderator delete all posts continuing this falsehood.


165 posted on 01/15/2016 11:15:36 AM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: Cletus.D.Yokel

I think you miss the point.

The critical fact here is not the narrow or broad specifics of what constitutes a citizen at birth but, rather, that a citizen at birth is indeed considered a natural born citizen either by jus sanguinis or jus soli.

No one is claiming (that I’m aware) that Cruz wasn’t a citizen at birth via jus soli. The only debate, weak as may be, is that a citizen at birth is not neccessarily considered “natural born”.


166 posted on 01/15/2016 11:23:20 AM PST by traderrob6
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To: traderrob6
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.



The Constitution gave Congress the authority over naturalization.

The Congress shall have Power To...establish an uniform Rule of Naturalization.... Article I, Section 8, Clause 4


All Citizens are either 'natural born' or 'naturalized'. Congress has written laws governing naturalization. 'Naturalization' is not a process that one goes through which requires a test, and ends with an oath, it means to be granted Citizenship by a man made law (according to the Constitution, an act of Congress), and not by natural law.

If my pregnant wife leaves the country, and my child is born in a foreign country, my child will automatically become a US citizen, because Congress has included that situation in it's "Rule of Naturalization". My child would be a naturalized US citizen, and not a natural born US citizen. He/she will have all the same benefits as any other Citizen, EXCEPT for being eligible to run for the office of President.
167 posted on 01/15/2016 11:33:37 AM PST by MMaschin
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To: traderrob6
"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


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.

168 posted on 01/15/2016 11:39:04 AM PST by Ray76
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To: VideoDoctor

I totally agree. The voters now are looking at a candidate that many are saying is not eligible. It is now widely known that Cruz was born in Canada. It is also clear that Cruz will not address the issue in a reasonable manner.

It doesn’t have to go to court, there doesn’t have to be a ruling. People are going to look at this and back away.


169 posted on 01/15/2016 11:41:37 AM PST by Duchess47 ("One day I will leave this world and dream myself to Reality" Crazy Horse)
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To: CA Conservative

I don’t believe it was Trump’s lawyers who said Cruz was eligible. I believe Trump said he had heard that lawyers had said that.


170 posted on 01/15/2016 11:46:54 AM PST by Duchess47 ("One day I will leave this world and dream myself to Reality" Crazy Horse)
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To: MMaschin

Bears repeating:

“Additionally, the first Congress of the United States passed the Naturalization Act of 1790, just three years after the Constitution was written, which stated that children born abroad to U.S. citizens were, too, natural born citizens. Many members of the inaugural Congress were also authors of the Constitution.”

This precedes your court case by some 100 years and certainly illustrates with clarity the mindset of the framers concerning this very issue..


171 posted on 01/15/2016 12:11:11 PM PST by traderrob6
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To: traderrob6

Well, not that I “missed” the point, it is simply that there is so much “brush in the woods” when we start discussing NBC.

As you can see from my previous posts, I trust in jus sanguine in combination with a tempered jus soli.

Who’s to say?


172 posted on 01/15/2016 12:12:25 PM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: Ray76

Notice also that the designation of “Natural born citizen” is defined under the heading of Naturalization (Act).


173 posted on 01/15/2016 12:15:44 PM PST by traderrob6
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To: traderrob6
:: stated that children born abroad to U.S. citizens were, too, natural born citizens ::

By your own post:

"born abroad to U.S. citizenS.."
Note the use of the plural in establishing jus sanguine

174 posted on 01/15/2016 12:17:52 PM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: Cletus.D.Yokel

Agreed, but the bottom line is that any legal challenge in this area will, in all liklihood, go nowhere.

It’s a pretty transparent attempt to muddy the waters. If it’s effective in that respect, we shall see.


175 posted on 01/15/2016 12:19:38 PM PST by traderrob6
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To: V K Lee
So, DONALD, the ball is in your court if Sen Ted has locked his records (shame on you Sen Ted, that does show no sign of transparency)

Do you want to withraw that? Because you are spreading a lie.

176 posted on 01/15/2016 12:22:21 PM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: traderrob6
Allow me to again assist your reading comprehension.

Please pay close attention:

The Naturalization Act of 1790, titled "An Act to establish an uniform Rule of Naturalization" was repealed in 1795.

The Naturalization Act in force at the time of birth controls.

177 posted on 01/15/2016 12:23:34 PM PST by Ray76
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To: The Sons of Liberty; Lockbox; MinuteGal; LucyT

Well that’s questionable because that leads to the usurper in the W.H. and the Knee-Pad media don’t want to go there, hmmm???


178 posted on 01/15/2016 12:33:49 PM PST by danamco
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To: traderrob6

On another thread, I used that very same term; “muddy the waters”. I ended that post with, “Damn, this is fun.” and I think you and I are reading from the same page.

I have never seen a campaign like this in my life time (born in 1958) And, well, damn, this IS fun!

Win or lose, Trump has injected a level of “circus” that the rest of Washington DC has simply shied away from. America is better for this...I have regained my optimism for USA.

This is Alexander Hamilton v. Aaron Burr level of entertainment. We can only be better when patriots try to “out-patriot” the challenger.


179 posted on 01/15/2016 12:39:15 PM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: traderrob6
Bears repeating:

“Additionally, the first Congress of the United States passed the Naturalization Act of 1790, just three years after the Constitution was written, which stated that children born abroad to U.S. citizens were, too, natural born citizens. Many members of the inaugural Congress were also authors of the Constitution.”

This precedes your court case by some 100 years and certainly illustrates with clarity the mindset of the framers concerning this very issue..



And those same framers repealed the Naturalization Act of 1790, and passed a new act - Naturalization Act of 1795, which removed the text that had declared children born abroad were 'natural born Citizens'. Below is a link to the law.


SEC. 3. And be it further enacted, that the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization, and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States: Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen as foresaid, without the consent of the legislature of the state, in which such person was proscribed.


Notice it clearly states that such children, born to Citizens abroad, are 'citizens', and NOT 'natural born citizens'. Why? Did they want to make sure that no such children would end up being President? I don't think so. The reason, that I think, they removed the 'natural born citizen' text, is because they realized that they didn't have the authority leave it in. Being 'natural born' is an element of natural law, and no man is capable of changing the laws of nature. So they revised the text, to what they were capable of, and declared that children, born out of the jurisdiction of the US, to Citizens, would be 'naturalized', and not 'natural born', Citizens.



180 posted on 01/15/2016 12:44:25 PM PST by MMaschin
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