Posted on 01/25/2016 10:08:59 AM PST by SeekAndFind
Donald Trump stepped up his attack on Ted Cruz on Monday, tweeting that the Texas senator needs to "either settle his problem" of having been born in Canada or leave the race.
"It's time for Ted Cruz to either settle his problem with the FACT that he was born in Canada and was a citizen of Canada, or get out of race," Trump tweeted Monday morning, on the heels of Fox News polls released over the weekend that showed him with double-digit leads over Cruz in both Iowa and New Hampshire.
Trump has insisted over the course of the last month that Cruz needs to tackle the issue of his eligibility because he was born in Calgary, Canada, despite Cruz's assertions that he is eligible based on the fact that his mother was born in the United States. Cruz renounced his dual Canadian citizenship in 2014, a fact that Trump has frequently pointed out as cause for concern.
(Excerpt) Read more at politico.com ...
The DNC along with the GOPe will shop a Federal Judge to disqualify Cruz if he was got the nominee.
Once that happened, then the GOP delegates, scheme by Karl Rove, would vote for Jeb, Rubio or perhaps Romney during the Republican convention.
A lot of really smart people are saying those records aren’t complete. People are telling me he looks really bad and people are saying it’s possible (not me) that the records aren’t complete because they’re not from the electronic data base.
One of my points, McGruff. Your fearless leader sits around either tweeting or counting his poll numbers, but he has to not only win but grind the faces of his opponents ...
Anyone who dares to be ahead of him. Remember what he did to Ben Carson when Carson was leading in Iowa? Pathetic.
I think he’s the blond Obama and I only pray that he’s a little better than the black Obama.
I think they are reaching. Looks very complete to me.
I may tune in tonight just to hear Mark’s head explode and see if his voice can reach that high soprano “C” over “E” pitch. :-)
>> The RNC should file suit.
Why haven’t they?
>> We should all put pressure on them.
Go for it, if you perceive it to be a problem. Why wait for “we all”?
Vattel's rightings were heavily relied on and we have seen the references in too many threads already. Born on American soil to two citizen parents.
The first immigration act was passed by our First Congress in 1790. In chapter III is Vattel's assertion that citizenship is derived from the father, in that citizenship was prohibited to children whose fathers have never gave intent to permanently reside of the United States.
In this same act, we also find the clarification of a Natural Born Citizen, as being one "And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been a resident in the United States:"
Residency was defined in that same act as someone under oath declaring that they wished to remain and live in the Untied States.
Cruz was born under the jurisdiction of Canada. His father was under the jurisdiction of Canada. Because his mother was most likely an American citizen at the time he was entitled to become an American citizen by statute but he was not born an American citizen, it had to be adjudged. Furthermore his father had not fulfilled the condition of residency.
You said Cruz should take it to the courts and that the burden of proof is his.
That’s not how our judicial system works. The burden of proof is always on the accuser.
We need to be very careful here. Trump is elderly. He is a senior citizen who will turn 70 years old making him potentially the oldest president elected since Reagan. Based on average life expectancy he wouldn’t be able to serve out two terms.
People are saying, a lot of people are saying that Trump needs to allow his medical records to be reviewed by a independent attorney or judge to determine whether they are complete.
He also needs to get a judgment to release the >400 pages of never seen Clinton Foundation documents. I don’t know what is in these documents, but a lot of people are saying this is bad, bad stuff and it could finish him.
“de facto officer doctrine”
Thank you, I knew there was something and couldn’t come up with even the right search words.
From an historical discussion:
“...15 The first reported case on the de facto officer doctrine appears to be the Abbot of Fountaine’s Case (1431) Y.B. 9 H. VI., f. 32. See also Bagot’s Case (1470) Y.B. 9 Bdw. IV, f. lb, pI. 5. This case is conveniently translated in Hale, Historia Placitorum Coronae (1736) L, 101 n. (f). The doctrine can also be seen reflected in the statute 1 Edw. IV c.l. (1461). This statute was passed to ‘eschew any Ambiguities, Doubts and Diversities of Opinions’ as to the validity of the official acts of the Lancastrian kings Henry IV, V and VI. It described them as kings’ en fait et nient en droit’, or ‘ in deed and not of right’.”
This type of statement exposes an ignorance of the legal system that is very common on this forum, and by Trump himself. In federal court, you can't just go and ask then to rule on an interpretation of the law. There has to be a "case or controversy" according to the Constitution before an Article 3 court can hear it. That means there must be at least 2 parties on opposite sides of the issue, and the party that brings the suit must have suffered an "injury in fact" specific to the plaintiff, or the likelihood that the plaintiff will suffer an injury is great, and that the injury could not be remedied after the fact.
So, who exactly is Ted supposed to sue? What injury could he claim? He is not being prevented from running. So the idea that Ted could just waltz into court and have this resolved is ridiculous.
Now Trump might be able to sue Ted and get it into court. I'm not sure, but he would have as good a chance as anyone. But I don't think Trump wants this to go to court. First, I think he would get trounced at court over this issue; and second I don't think he wants it to be resolved. He would much rather have it be an open question that he can pound on.
How can he settle it? You can’t ask Fed Courts for advisory opinions.
The next thing America needs is not an anchor-baby Muslim President.
Trump should drop out for being an obnoxious New Yorker with NYC values.
Unfortunately, the more Mr Trump pushes this, without being willing to do something about it, the more he turns me off even listening to him. He's supposed to be the "fighter" we need, so why didn't he take care of Cruz earlier...or why doesn't he do it NOW? He's got enough money that the cost of a court case wouldn't effect his campaign finances......
I disagree. But I do so with fondness and I will not tweet bad stuff about you.
Thank you. I am praying for our country daily and it is much needed.
I’m afraid we’re on the verge of a bad mistake.
Dow down almost 2000 pts since start of year, but still outperforming Wall Street's investment in Jeb.4:19 AM - 24 Jan 2016
No, that is BS.
I really like Cruz, and I really like Trump. My state does not vote for few months so I stay committed to both. But I do think this needs to be resolved OFFICIALLY — in case Trump wins nomination and wants Cruz to be his running mate.
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.