Posted on 04/10/2016 8:21:55 AM PDT by RoosterRedux
Ted Cruz risks primary disqualification in New Jersey resulting from charges of ballot access fraud. A primary ballot disqualification hearing is scheduled by the Secretary of State for Monday, April 11 at 9:00 a.m. in Mercerville, New Jersey.
Washington D.C. Law Professor Victor Williams charges that Ted Cruz fraudulently certified his constitutional eligibility for office to gain ballot access. Williams demands that Cruz be disqualified from several late-primary ballots: "Cruz committed ballot access fraud in each state when he falsely swore that he was a 'natural born' American citizen." Cruz was born in Calgary, Canada and held his resulting Canadian citizenship until May 2014. Cruz is a naturalized (not natural born) American citizen.
Williams' fraud charges had quick effect in New Jersey. Rather than accepting Cruz's ballot petition when filed last week, the Secretary of State ( Kim Guadagno) scheduled the unusual Administrative Law hearing for April 11. The Canadian-born Cruz must prove that he did not falsely certify his eligibility for office.
Cruz's ballot eligibility is also being challenged in California, Maryland, Montana, Nebraska, Oregon, South Dakota, and Washington.
(Excerpt) Read more at gloucestercitynews.net ...
“It is on the direct issue that he falsely certified that he was born on US soil ( Natural Born) when in fact that is not true and therefore fraud. “
He did not claim he was born on US soil, because one does not have to be born on US soil to be a natural born citizen.
“Vattel’s Law of Nations is THE reference to Natural Born Citizen in the Constitution.”
No, not even the French pay any attention to Vattel.
Vattel is just a private guy who wrote a private book ABOUT MONARCHY!
Have you read Vattel?
I have.
Vattel is about MONARCHIES. Vattel says that the same man can be head of many countries at the same time.
Doesn’t that just blow your mind?
“You cannot be a foreign born US citizen and be president. “
Yes, you can.
“The Constitution is clear on this issue, and Ted doesn’t fit it.”
Really, can you show us where in the Constitution it says that?
No, didn’t think so.
“The PA case has passed standing and is being tried on its merits.”
It WAS ALREADY tried on the merits. Ted Cruz won. The eligibility kooks lost.
“It is currently headed to SCOTUS. “
Well, a request has been made for the Supreme Court to hear it.
But the plaintiff - any plaintiff appealing to SCOTUS - has a better chance of finding buried treasure in their back yard than having the Supreme Court agree to take their appeal.
I hear ya. My 97 year old mother has used a census report from a year and a half after her birth as her “birth certificate” for her entire life.
“I have seen testimony by a neighbor of Cruz’s mother who said that she went with the mother when she was in the process of becoming a Canadian. Whether or not this is true can be found out for certain.”
You mean you’ve seen a RUMOR in a newspaper. That doesn’t qualify as “testimony.”
Yes, it can be proven.
In 2005, Ted Cruz’s father became a US citizen based upon being married to a US citizen, Ted Cruz’s mother.
So we know that Ted Cruz’s mother was still a US citizen in 2005 and ever since.
We also know that Eleanor Cruz did not qualify for Canadian citizenship, since she was only working in Canada on a work visa for 4 years and then immediately left. (So she left the moment she might have been able to apply.)
We also know that Ted Cruz and his mother would have had to leave the USA after 6 months if they were here on a visa.
Ted Cruz has lived here continuously for 42 years.
You cannot do that on a visa from another country.
You can only do that if you are a citizen.
We also know that Ted Cruz has a US passport.
So we know that Ted Cruz already proved that he is a US citizen to the US State Department.
” Someone needs to prove this.”
Yeah, but not Ted Cruz. Ted Cruz does not have to prove anything.
Finally, the eligibility kooks think that you can somehow accidentally lose your citizenship, like losing a sock in the dryer.
There would have to be a formal proceeding in the US Government for anyone to lose their US citizenship.
You don’t just lose your citizenship by accident.
“So you think Congress can amend the Constitution all by themselves? “
The Constitution does not define “natural born citizen.”
Therefore, it is automatically the power of Congress to supply a definition.
You cannot amend the Constitution on something that the Constitution says nothing about.
Again, there is no definition of “natural born citizen”
And THEREFORE, it is the role of Congress to define the term.
“What documentation did he produce when his mother reinterred the US and under what conditions? What documentation did he use to enter school, get a driving license, register for the draft? You have seen none of those documents. “
How many documents do you have from when you were 4 years old?
But we know that Ted Cruz re-entered the United States and remained here the entire time.
And he was issued a US passport from the US State Department.
So we do know that he produced paperwork proving that he is US citizen.
“his mother was listed as a canadian citizen and was a registered voter there. so was his dad.”
That is false.
“If you think about this it makes sense, the USSC has said that citizenship is a matter of law from each country. If Canada chooses to recognize everyone born in Canada as a citizen, then it doesn’t matter what anyone else thinks. All that matters is US law. It would be inappropriate to vary the definition as it applies in the US depending on what other countries laws may be.”
That’s correct. Imagine if Mexico, in an attempt to further the recovery of former Mexican lands, declared by statute passed tomorrow that everyone born on former Mexican territory is a Mexican citizen.
Would all of those people lose their US citizenship just because Mexico declares them to be citizens of Mexico?
“Now the immigration records from when Ted was brought to the to the US would prove if his mother was still a US citizen and registered him as such- but as I understand they immigration records and those of his mother are also sealed”
You understand incorrectly.
There are no sealed records involving Ted Cruz.
However, what records do you have from when you were 4 years old, 42 years ago — before computers were in common use?
If you can produce your report card from kindergarten 42 years ago, then we can talk.
“Since Cruz birth records are sealed,”
No birth records are sealed. STOP LYING
“it does not need interpretation as it has already been decided upon at least four times in the Supreme Court”
It has never been decided by the US Supreme Court.
STOP LYING
“McStain was born on what was U.S. soil at the time (The Panama Canal Zone).”
So was my sister — in the same hospital (Gorgas Hospital).
But my sister still was eligible to be a Panamanian citizen.
My sister had a US passport from the age of about 6, as we travelled as a family.
I held her US passport in my hand.
And yet she was still eligible up through becoming an adult when she had to file paperwork disclaiming any claim to be Panamanian.
All true.
“Records maintained by the federal government that pertain to Senator Cruz can be released under a Freedom of Information Act request.”
That assumes they still exist.
What records do you have from when you were 4 years old?
Certain key records, like a birth certificate are preserved.
But before the age of computers, many documents may have been destroyed long ago.
You didn’t respond to my last paragraph....that no matter what Cruz was born in a foreign country...something Obama took great pains to disprove (sort of) about himself.
Does it no longer matter where someone was born if you want them to be your candidate?
“Does it no longer matter where someone was born if you want them to be your candidate”
Congress has the power to define US citizenship including natural born citizenship, which Congress has done continuously since 1790 (although they have changed the law from time to time.)
The law says that if a child is born in foreign country to 1 US parent (who has lived in the USA a minimum of 10 years, 5 years of which over the age of 14),
then they are a natural born citizen.
So, no, it does not matter where they were born, if they meet the other criteria.
But to be President, a person ALSO must live in the United States for at least 14 years themselves.
I have a friend who lived in Latvia as a missionary birthing a church for 11 years. He is a strong conservative and loyal AMerican.
Do you think it should matter that he went on the mission field sharing Jesus Christ for 11 years?
“There are are 2 definitions, jus sanguinis and jus solis.
Cruz qualifies under the first (right of blood, i.e., born of a mother who is a “subject”*)
But not under the second (right of soil, i.e., born within the boundaries of the King’s lands).”
But it is ONE OR THE OTHER — not necessarily both.
You are assuming that both are required.
They are not.
EITHER are required (one or the other).
Government records are maintained. During the debate over Obama’s natural born citzenship, someone found the Certificate of Naturalization from 1843 for William Arthur, the father of President Chester A. Arthur.
The relevance of the document is that President Arthur was born with dual British-U.S. citizenship since his father did not naturalize as a U.S. Citizen until Chester was 14 years old.
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.