Posted on 02/29/2016 3:59:25 PM PST by drewh
A New York judge will hear arguments on Tuesday in a lawsuit that challenges Republican Sen. Ted Cruz’s ability to run for president given that he was born in Canada.
State Supreme Court Justice David Weinstein will hear the claim of two men who contend that Cruz is not a citizen of the U.S. and is therefore ineligible to run for president, NBC has reported. Cruz was born in Alberta, Canada.
Barry Korman and William Gallo will argue that despite Cruz’s mother being an American, the senator is not a citizen because such status cannot be passed from parent to child, Newsday reported.
The defense of Cruz’s place in the election is being argued by the New York Board of Elections, which put Cruz on the ballot, NBC added.
Cruz, a lawyer, was elected to be a senator from Texas in 2012, Newsday added.
The anti-Cruz voices need to think before the post...or go to court.
Cruz is clearly a US citizen. There are millions of people in Cruz’s situation who have been declared citizen. Thousands of election boards have deemed them citizens to vote. For hundreds of years the US Government has issued them visas, DD214s and thousands of other documents stating they are citizens.
Natural Born Citizen is a different matter.
The only place where that is an issue is in the criteria for president. There arent millions of those precedents. When Mexican born George Romney ran for president the topic was hotly debated. I initially hoped Romney would not be natural born as I didnt like his agenda.
But the facts and logic was such that virtually everyone, both lawyer and lay person was convinced that he was, in fact, Natural Born US Citizen.
Cruz “character”:
1. Phony summonses mailed out, scaring people to vote for Cruz.
2. Claiming Carson quit, presinc captains told voters “vote for Cruz”
3. Campaigning in the 800 churches, showing video “vote for me” with his preacher/father stomping for him. Rafael Cruz is a 7 Mountain Dominionist and believes his son is the anointed one.
4. “Brilliant” lawyer, did not know he was Canadian citizen and that he is not Natural Born Citizen, not eligible for office of P or VP.
5. Making phony video advertising with lies about opponents.
6. Phony video about Rubio - Obama.
7. 7 Mountain Dominionist Church = Christian???
Just enough to beat Trump in IA, apologize, rinse and repeat?
Liar is the polite term for this Cuban. His father was pro-communist in Cuba, imprisoned by Batista, but now he is refugee?
IRREFUTABLE AUTHORITY HAS SPOKEN
(Oct. 18, 2009) The Post & Email has in several articles mentioned that the Supreme Court of the United States has given the definition of what a “natural born citizen” is. Since being a natural born citizen is an objective qualification and requirement of office for the U.S. President (and VP), it is important for all U.S. Citizens to understand what this term means.
http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen/
Applies to Cruz and Rubio, both at the time not born to US citizens and on US soil.
You nailed it.
“Does that not indicate that he had it from birth?”
It may also indicate that he’s not a citizen at all...
Panama was an unincorporated territory of the US when McCain was born there, his parents were US citizens serving in the military.
As far as children of Vietnam vets go, I don’t know the answer from an academic standpoint. Were the mother and the father married at the time of birth?
Really? Is Vietnam a US territory, protectorate or state? If the mothers were naturalized and moved to the US before giving birth....then yes.
Yeah you are sooo right about them “furriners”, who, having graduated Cum Laud from Princeton then graduated Harvard Law School Magna Cum Laud— chose instead to go on to be law clerk for Judge J. Michael Luttig of the US 4th Circuit Court of Appeals and law clerk for the esteemed Chief Justice of the US Supreme Court, William Rehnquist. Who then go on to private practice representing the National Rifle Association, and preparing testimony for the Impeachment proceedings against Billy Boy Clinton. Whose senior thesis at Princeton was that the Founders drafted the last two of the Bill of Rights to be the stop-gap against an all powerful State. Documented lifetime conservative who believes in our Constitution as written. Not like it’s a pesky thing to the “populist” “conservative” Statist with a 20 year history of non-conservatism— who speaks.... so... simply to the “little people” Huey Long from NYC.
You know— he really should have stayed with the rest of the “beaners” and “anchor babies” and been a lifetime fry cook at Mickey D’s. But “you know I love my hispanic people,and I employ a lot of them.... they’re good people”.
Well said, that really makes one think!
Also, was Churchill an NBC? His mom was an American...he was born in England.
Trump’s suggestion that Ted should settle it with a declaratory judgment was poor legal advice. An article 3 federal court doesn’t have jurisdiction to speak without an actual case to resolve. Cruz can’t get a judgment until someone sues him and the court agrees it has jurisdiction, the plaintiff has standing, the case is ripe, etc.
So if Trump is this PHD of litigation, as he puts out, he should know that what he has been taunting Ted to do cannot be done unless someone like Trump brings suit at just the right time. So why would he do that? For pure political manipulation? That’s all I can figure. Pretty cynical, if true. If not true, if Trump really believes his own legal advice, then that’s just embarrassing for him. But personally, I think he knows. And if he does, then shame on him.
Peace,
SR
But that is not the question being posed to the judge. Clever, huh? And... irrelevant except to the joisey boys and the lumpen masses.
The ignorance or intention to obscure the issue by the media is not a surprise after Obama. The issue was not whether Cruz is a citizen, and not even whether he was born a citizen as permitted by the 14th Amendment and subsequent U.S. Code. Cruz was born in Canada and made a citizen by twentieth century extensions of the 14th Amendment. Ted is a U.S. citizen because his mother was a citizen. The issue is natural born citizenship. Congress has no authority to interpret articles of the Constitution. Everywhere the media mention “born U.S. citizens” whether talking about Cruz, Rubio, Jindal or Haley, they leave out the critical qualification to citizenship, “natural born”. The two Cuban and two Indian immigrants were made citizens at birth by the 14th Amendment, and Amendment that never mentions natural born citizenship. All four were made citizens by interpretations of the 14th Amendment, an Amendment that derives its authority from Article 1 Section 8, Congress’ mandate to create an uniform rule for NATURALIZATION.
We’ll watch what federal judges do to avoid this issue, but Minor v. Happersett and Wong Kim Ark, and Perkins v. Elg, and dozens of cases where natural born citizenship is used correctly, but dictum, because it isn’t necessary to the decision, exist. Federal Judges, as we saw so dramatically with Barack Obama’s eligibility, will lie, refer to state law, or deny standing. Barack, who had Cruz’ constitutional law professor Larry Tribe before Cruz, took care never to declare himself a natural born citizen. He knew he would not be asked. Ted knew he would be asked, and has recanted his position of Constitutional originalism since his days with Larry at Harvard. Larry has called Ted a hypocrite since Larry himself subscribes to a “Living Document” philosophy, like Barack, who said the constitution was an interesting historical artifact, but not relevant after two hundred twenty years.
Thank you.
Close, yes. there were a couple authors of the view that it was only the father’s citizenship that counted...But that appeared to be a minority and both parents’ citizenships were generally required , plus birth locus of course
The closer question would be the Canal Zone, if a candidate happened to be born there... given that.....””all rights, power and authority within the Zone...which the U.S would possess and exercise as if it were the sovereign of the territory within which said land and waters are located to the entire exclusion of the exercise of the Republic of Panama of any such sovereign rights, power or authority” per the 1903 Hay/Bunau/Varilla Treaty. There was no such “almost but not quite” thing when the constitution was written, but I think a court today would say that’s close enough for government work,” namely NBC. just my opinion. I am going to sign off this thread now because I got dragged into the whole NBC argument before and just got tired of it. It is obvious that the constitution is no longer germane to how the former republic of USA is run nowadays, anyway. And just look at the seven years of judicial ducking (enabling, protecting) of the most recent and OBVIOUSLY ineligible person of interest (regardless of, and even if the of the fake Hawaiian pixels had been genuine). And this time around there were maybe 4 ineligible candidates and they were all permitted to run and presumably if one were to win election he’d be allowed to serve just like the last ineligible person, originalistically speaking. IMHO arguing the constitution these days is a glorious waste of time and exercise in nostalgia, but thanks for your comments and views!
Of course both Cruz and Rubio are. The law is the Immigration and Naturalization Act, Sections 301 and 309. These courts will dismiss these frivolous lawsuits, but if some judge takes in on, the judge will rule on the law cited above. Appeals will have to argue that the law is contravention of the Constitution and that argument will go nowhere.
Cruz and Rubio will be certified for all ballots, though that issue will be moot after tomorrow.
You can be a citizen at birth without being eligible. NBC is the highest standard of citizen at birth.
Anchor baby will be crawling back to his Senate seat where he can be Juan in a hundred while Trump is going to the White House.
All of the damn lawyers in government got us in this mess. None of them impress me.
He should have had this done sooner. I believe by current law he will be found eligible for the presidency. Nevertheless, Cruz will be our first dual citizenship president.
he’s already on the ballots in every state— kinda awkward since it’s already been decided. And, on the face of it— clintoon money at work to make sure she has the fascist she needs for the kabuki election.
People are generally slow and unimaginative. How fortunate for the whores who run for office. Sheeple believe the fodder given them.
Wonderful— so please explain obamaumao, the kenyan in chief in the white hut-— given your well defined sense of what is the basis for a candidate for the office.
Cruz gave up his dual citizenship in 2014, one year after he became senator of Texas....he was still born on Canadian soil, not American Soil and his father was born on Cuban soil, not American Soil...
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