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Pennsylvania judge hears Ted Cruz 'birther' challenge
The Allentown Morning Call ^ | March 10, 2016 | Steve Esack

Posted on 03/10/2016 9:12:47 PM PST by 2ndDivisionVet

HARRISBURG -- Carmon Elliott is not a lawyer. But he got to play one Thursday in state court when he tried to convince a judge that Republican U.S. Sen. Ted Cruz is really a Canadian who has no constitutional right to be a candidate for U.S. president.

Senior Judge Dan Pellegrini of Commonwealth Court was as impressed with Elliott's oral arguments as he was his Uncle Sam tie.

"By the way, I like your tie," said Pellegrini, who's known for his wit as well as his probing legal questions.

Some judges don't like hearing election petition cases argued by pro se litigants because they can be unprepared and disruptive to the political process, Pellegrini said. Not so in Elliott's case.

"I have to compliment you," Pellegrini said in court. "You represented yourself well today."

Elliott, a retiree who lives in Pittsburgh and is a Republican with a self-professed affinity for the U.S. Constitution, went up against Robert N. Feltoon, a lawyer from the Philadelphia firm Conrad O'Brien.

Feltoon argued that Elliott's petition should be dismissed. The U.S. Supreme Court has never specifically ruled on whether a person born outside the United States as Cruz was can run for president, he argued. It is a decision, Feltoon said, that should be made by Congress and the Electoral College, which ultimately elects the president.

Elliott's petition was one of several "birther" lawsuits filed against Cruz after GOP front-runner Donald Trump openly questioned whether the Texas senator can serve as president.

An Illinois judge tossed one lawsuit last week....

(Excerpt) Read more at mcall.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; Politics/Elections
KEYWORDS: citizen; cruz; naturalborncitizen; nbc; pennsylvania; tedcruz
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To: patlin

Thank you. So, when those cases get decided in the other states, please let me know what those judges say. From what I read in the order, I do not understand why Cruz contested standing. I don’t see why he would not just prefer to go ahead and get a decision and remove any possible impediments. Sometimes lawyers try to do things to keep their client out of the court, but Cruz seems to have a good case, so I don’t know why they didn’t just tee it up and see where the ball landed. What some lawyers will do!


61 posted on 03/10/2016 11:09:23 PM PST by Penelope Dreadful (And there is Pansies, that's for thoughts. (Ophelia, from Hamlet))
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To: rineaux

It will be dismissed Just like the other three!!!
Florida, Illinois, and New York!!! Three strikes your outa there!!!


62 posted on 03/10/2016 11:11:04 PM PST by tallyhoe
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To: Cboldt

>>> Huh? The citizen parent in all three cases, the prince, Obama, and Cruz, in all three cases, the citizen parent is the mother.

yeah... and the fact that everyone seems to be arguing about this and nobody can settle it just shows you just how far America has already been sold out.


63 posted on 03/10/2016 11:13:31 PM PST by Safrguns
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To: Penelope Dreadful
I do not understand why Cruz contested standing. I don’t see why he would not just prefer to go ahead and get a decision and remove any possible impediments

Because Cruz knows what the Constitution says & IMO, he is also hiding damaging info regarding his mother's legal status in Canada at the time of his birth and shortly thereafter. As for the other cases, unless those bringing them use the critical part of the WKA case as well as Justice Gray's deciding opinion in the Elk v. Wilkins case that cites the Slaughterhouse & Happersett cases, none of the ongoing cases stand a chance to win. The 14th is clear, born “IN” & naturalized “IN” the United States and both “subject tot he jurisdiction”. Well, if jurisdiction merely means birth on soil, that phrase is redundant. Jurisdiction means both politically as well as physically on the soil so that one owes no allegiance to any foreign power (a.k.a. foreign citizenship).

64 posted on 03/10/2016 11:21:40 PM PST by patlin ("Knowledgee chosen to participate inthat is - 2nd to none but God" ConstitutionallySpeaking 2011)
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To: tallyhoe

You’re probably right. Good reason Cruz had his records sealed.


65 posted on 03/10/2016 11:26:50 PM PST by rineaux
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To: patlin

Perhaps he was hiding something, but we will see when the other cases get decided. Any idea what the timeline on them is? Because if Trump has the nomination before that, then those cases may get dismissed.


66 posted on 03/10/2016 11:46:06 PM PST by Penelope Dreadful (And there is Pansies, that's for thoughts. (Ophelia, from Hamlet))
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To: rineaux

I wonder if Trump knows that the “thumbs up sign” is an insult in Iran, Iraq, Syria, and other Middle-Eastern countries. The equivalent of the middle finger in America.

I’m guessing he does.


67 posted on 03/11/2016 12:05:52 AM PST by Kellis91789 (The ultimate result of shielding men from the effects of folly is to fill the world with fools.)
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To: bigbob

Nope they’ll wait until after the general election if they lose. At least 1 Congressman and 1 Senator will challenge Cruz’s eligibility.

Cruz will Loze!


68 posted on 03/11/2016 12:08:12 AM PST by Forty-Niner (Ursus Arctos Horribilis)
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To: patlin

I wouldn’t vote for a dog-catcher who thought it was OK to kill babies. I’d keep them out of any position in government. It’s a monstrosity and the only reason the modern generation can push it aside so easily is they’ve forgotten the horror of it in the eyes of God. I just hope God has mercy on us and leads us out of the nightmare before we come under irreversible judgment. So don’t lecture me about God’s citizenship laws for Israel whilst you embrace someone who sanctions murder.

Peace,

SR


69 posted on 03/11/2016 12:14:16 AM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Springfield Reformer

The Norwalk Hour newspaper - Wed, June 14, 1967

Reagan Gets Bill Easing Abortion In California

SACRAMENTO, Calif. (AP)
—The California Assembly has
passed and sent to Gov. Ronald
Reagan, a bill easing the state’s
abortion law — unchanged in 95
years.
Reagan said the bill was “by
no means perfect” and would
have to be watched closely to
prevent California from becoming
an abortion haven. But he
said he would sign it despite his
doubts about some possible
“loopholes”.
“I am fully sympathetic with
attempts to liberalize the outdated
abortion law now on the
law books of California.” the
freshman Republican governor
said.
The bipartisan vote Tuesday
and Reagan’s pledge climaxed
the most controversial and emotional
debate so far in the 1967
legislative session.
Colorado and North Carolina
have passed similar laws earlier
this year and both now are
in effect. Colorado’s previous
statute was nearly a century old
and North Carolina’s dated back
to 1868.
The bill, sponsored by Sen.
Anthony C. Beilenson, a Beverly
Hills Democrat, would permit
abortions before the 20th week
of pregnancy if:
—The prospective mothers’s
physical or mental health is in
danger.
—The pregnancy resulted
from incest or forcible rape, or
statutory rape in the case of a
girl 14 years old or younger.

The old law permits abortions
only if the life of the prospective
mother is endangered.

Article from the Google Newspaper Archive
https://news.google.com/newspapers?id=yAlJAAAAIBAJ&sjid=dAUNAAAAIBAJ&pg=5620%2C3433380


70 posted on 03/11/2016 12:19:04 AM PST by r_barton
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To: svcw

Name one court where Cruz NBC status has been decided, please.


71 posted on 03/11/2016 12:25:02 AM PST by erkelly
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To: Revolutionary

Sorry it is Both!

More importantly as you suggest it is the parentage that is most important. NBC is like a human pedigree,

A puppy born to a poodle mom and poodle dad is a poodle!

A puppy born to a poodle mom and a beagle dad is a mongrel.

Ted Cruz is like the latter. He has elements of both parent’s citizenship. He is not 100% American. He is Cuban-American, or, if you like, American-Cuban.

The Founders intended the NBC clause of Article II to be exclusionary. It was intended to weed out those who were not 100% American....

.....Born in a country to parents who are it’s citizens.....

If Cruz were a Canine we’d all call him a mutt......

Just as the poodle-beagle is ineligible for competing in an AKC Show

so is

Cruz ineligible for running for the Office of the President of the US.


72 posted on 03/11/2016 12:26:34 AM PST by Forty-Niner (Ursus Arctos Horribilis)
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To: r_barton

Yep, I know all about that, also that he came to regret it, and that eventually he came to support full personhood for the unborn. If I knew then what I know now, I would not have supported him until after his change. I’ve grown too. We make regrettable mistakes when we are young. That doesn’t make it right, or give us an excuse to keep making the same mistake.

Peace,

SR


73 posted on 03/11/2016 12:33:20 AM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Penelope Dreadful

You’re missing the point.

Citizenship isn’t the issue.

Quality of citizenship is.

Only persons born on the US to US citizen parents are eligible for the Office of the President. NBCs are 100% American (quality). No questions asked. This is the only place in US Law where being a NBC is relevant. All other elected offices in the Federal Government require only citizenship.

The Founders were wise. Follow the Constitution.


74 posted on 03/11/2016 12:47:07 AM PST by Forty-Niner (Ursus Arctos Horribilis)
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To: freedomjusticeruleoflaw

In the early 1800’s Congress did try to codeify NBC but the SC struck it down as unconstitutional. They needed an amendment. But after Barky and Juan it just probably doesn’t matter anymore.


75 posted on 03/11/2016 12:47:16 AM PST by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: bjorn14

The USSC has defined Natural Born Citizenship many times in cases involving citizenship. It has always held that a NBC is a person born in a country to parents who are it’s citizens......NBC is the Gold Standard of citizenship. Shame on those of you who are attempting to redefine that down in order to promote the political agenda of electing an ineligible candidate......Obama Cruz, Rubio....


76 posted on 03/11/2016 1:08:33 AM PST by Forty-Niner (Ursus Arctos Horribilis)
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To: w1andsodidwe
Why is the world would we want to nominate someone with this hanging over their head? I know all the arguments, but it is the major reason I cannot support Cruz. We need to win this election, we need someone electable. Ted is not.

Until Trump gets the nomination, we need a seeming viable second who also happens to be the most conservative of the bunch - makes no sense to write him off at this stage even if his battle seems uphill.

77 posted on 03/11/2016 3:19:48 AM PST by trebb (Where in the the hell has my country gone?)
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To: Revolutionary
The U.S. is a by blood nation and not a by soil nation like others (Canada). Kings did by soil. Born on their soil, they own you (subject). The founders rejected that and made natural born citizenship a blood thing. It doesn’t matter where you are born, it matters who are your parents. In the early days it was just the blood of the father. Later it could also be the blood of the mother with stipulations on her age, etc. Cruz passes this test. Obama does not. Remember it is not where you are born but who your parents are. Obama’s mother could not pass on her citizenship at the time Obama was born. And since I bet that he was never naturalized, he is not even a citizen. Since this also blows up the whole anchor baby issue, the dems will fight tooth and nail against it.

The one key word everyone works so hard to hide is that natural born citizenship is passed on ONLY when the child is of TWO (TWO, TWO, TWO, TWO, TWO, TWO, TWO, TWO, TWO, 2, 2, 2, 2,) parentS (SSSSSSSSSS) that where BOTH US citizens at the time of the child's birth. One doesn't cut it.

You will be a child of natural birth and US citizenship conferred upon the child and not having to go through all the naturalization processes if you are born of one US citizen parent. But you are not a natural born citizen, just a US citizen that endured a natural birth. There is a difference. Words mean things when the law gets involved instead of politics and imagery, hopes and wishes, a wink and a nod.

78 posted on 03/11/2016 3:26:17 AM PST by USCG SimTech (Honored to serve since '71)
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To: 2ndDivisionVet

Ted Cruz destroying the meaning of our constitution to further his political career. While all the so called “principled conservatives” cheer him on.


79 posted on 03/11/2016 3:40:44 AM PST by jpsb (Never believe anything in politics until it has been officially denied. Otto von Bismark)
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To: Revolutionary

Yes obviously the founders would consider the son of a Cuban born in Canada a natural born American citizen. /s


80 posted on 03/11/2016 3:42:45 AM PST by jpsb (Never believe anything in politics until it has been officially denied. Otto von Bismark)
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