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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: erkelly
The PA Court referred to in this thread decided the case on the merits.

The authorities cited were Charles Gordon, "Who can be President of the United States; the Unresolved Enigma," 28 Mn. L. Rev. 1 (1968); Jack Maskell, "Qualifications for President and the 'Natural Born' Citizenship Eligibility Requirement" Cong. Research Serv. R42097 (2001); and Paul Clement & Neal Katyal, "On the Meaning of 'Natural Born Citizen'," 128 Harv. L. Rev. 161 (2015).

The judge also referred to Breckinridge Long, "A 'Natural Born Citizen' Within the Meaning of the Constitution," 49 Chi. Legal News 146 (1916), which argues quite well that a person born in the US to alien parents is NOT a natural born citizen (this would apply to Rubio); Gabriel J. Chin, "Why senator John McCain cannot Be President: Eleven Months and a Hundred Yards short of Citizenship," 107 Mich. L. Rev. First Impressions 1, upp A at 19-21 (2008); and Isidor Blum, "Is Gov. George Romney Eligible To Be President?" N.Y.L.J., Oct. 16, 1967. None of those references was applied.

The judge did note Mary McManamon, "The Natural Born Citizen Clause as Originally Understood," 64 Cath. U.L. Rev. 317 (2015), but concluded that her view is in the minority among legal scholars.

The judge includes statutory history of naturalization laws to support his conclusion that all citizens at birth are natural born citizens. While he doesn't make note of it, it is a fact that US statutory law makes children of two non-citizen parents, born in Guam, Puerto Rico or the Virgin Islands, US citizens at birth.

On the question of whether or not the court had jurisdiction, the opinion cites Miller v. Albright and Wong Kim Ark, and also points to Hall v. Florida, 134 S.Ct. 1986 (2014) for the proposition that "No natural born citizen may be denaturalized." That statement is a summary of the rule of Trop v. Dulles, 356 US 86 (1958).

Seeing as how the denaturalization of Mr. Bellei in Rogers v. Bellei was upheld (Bellei was born in Italy of a US Citizen mother, and obtained US citizenship under the direct predecessor Act of Congress that provides Cruz with his US citizenship), there is no question that if a court were to faithfully apply the principle stated in Hall v. Florida, in combination with Mr. Bellei being constitutionally denaturalized, it would find that Mr. Bellei, a citizen at birth, can not be a natural born citizen.

88 posted on 03/11/2016 4:38:25 AM PST by Cboldt
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To: erkelly

A simple search will help you out.
Several election committees have ruled such, I know those aren’t courts.
The courts presented to are deeming the case without merit and dismissing.


97 posted on 03/11/2016 6:13:33 AM PST by svcw (An armed man is a citizen, an unarmed man is a subject)
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To: erkelly

This case? “In the end, Elliott lost his case. Later in the day, Pellegrini issued an order leaving Cruz on the ballot, finding legal and statutory history that shows that a “natural born citizen” includes any person who is a U.S. citizen from birth.”

At the bottom of the article, if you read it.


103 posted on 03/11/2016 7:07:11 AM PST by huldah1776 ( Vote Pro-life! Allow God to bless America before He avenges the death of the innocent.)
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