Posted on 04/11/2016 12:20:43 PM PDT by RoosterRedux
A New Jersey administrative law judge on Monday heard two challenges to GOP presidential candidate Ted Cruz's eligibility to appear on the New Jersey ballot, based upon the Texas senator's birthplace in Canada.
The judge, Jeff Masin, didn't decide the challenges to Cruz's eligibility to appear on the June 7 primary ballot, but said he would issue a decision Tuesday. The decision is expected to be reviewed by Lt. Gov. Kim Guadagno, who is New Jersey's secretary of state.
One of the challenges was brought by three South Jersey citizens, and the other by a law professor who lives in Maryland and is running for president as a write-in candidate in New Jersey. Both parties argued that because Cruz was born in Canada, he is not a natural-born citizen, making him ineligible for the presidency.
Cruz's mother was born in Delaware, while his father was born in Cuba. The senator released his birth certificate in 2013.
Shalom Stone, a New Jersey attorney representing Cruz, argued that the citizens - Fernando Powers of Blackwood, Donna Ward of Mantua, and Bruce Stom of Winslow Township - and Prof. Victor Williams didn't have standing to challenge Cruz's candidacy. Stone also said the state didn't have authority to decide the question.
As for "natural-born citizen," Stone said the words in the U.S. Constitution "have meaning given to them by English common law" at the time of their adoption. He directed Masin to his brief for cases supporting Cruz's position.
(Excerpt) Read more at philly.com ...
He's right. "Natural born citizen" under English Common Law and at that time meant you were born within the geographical and sovereign boundaries of the nation of which you were a natural born citizen. In other words, jus soli, born on the soil. In other words, Cruz isn't NBC.
There were special programs at that time for Cuban refugees so he was not necessarily held to the 4 year limit. I read today that he became a Canadian citizen in 1968.
I claim nothing.
Raphael Cruz states that he became a citizen in 2005. When asked why not sooner he replied “I don’t know. I guess laziness, or — I don’t know,” he says.
They were not citizens but subjects of the King of England.
He is just as eligible as the 3 sons of Queen Noor and the former King Hussein of Jordan.
I don’t want to be negative but the case does not resemble the information you gave
In 1969, Tuan Ahn Nguyen was born in Saigon, Vietnam to Joseph Boulais and a Vietnamese citizen. At age six, Nguyen became a lawful permanent United States resident. At age 22, Nguyen pleaded guilty in a Texas state court to two counts of sexual assault on a child.
Subsequently, the Immigration and and Naturalization Service initiated deportation proceedings against Nguyen. After the Immigration Judge ordered Nguyen, Boulais obtained an order of parentage from a state court.
Dismissing Nguyen’s appeal, the Board of Immigration of Appeals rejected Nguyen’s citizenship claim because he had not complied with 8 USC section 1409(a)’s requirements for one born out of wedlock and abroad to a citizen father and a noncitizen mother.
On appeal, the Court of Appeals rejected Nguyen and Boulais argument that section 1409(a) violates equal protection by providing different rules for attainment of citizenship by children born abroad and out of wedlock depending upon whether the one parent with American citizenship is the mother or the father.
Furthermore the citation you attached is a lawyer’s position paper presented to Congress during one of the many attempts to sway the Congress into changing the Constitution, which they have no authority to do in any case and the position paper is an opinion with no force in law. The only reference to the case you quoted in that opinion paper follows:
Tuan Anh Nguyen v. INS, 533 U.S. 53, 64-65 (2001): Citizenship statutes requiring certain relationships of
children born abroad to U.S. citizen parent or parents are adopted “... to ensure that the child and the citizen parent have some demonstrated opportunity or potential to develop not just a relationship that is recognized, as a formal matter, by the law, but one that consists of the real, everyday ties that provide a connection between child and citizen parent and, in turn, the United States.”
See also Miller v. United States, 523 U.S. 420, 438-440 (1998) noting the interest of “fostering ties with this country ....”
As is patently obvious this advances the idea that a citizen created by naturalization statutes is the same as a NBC not one iota. Certainly this idea that it doesn’t matter where a woman has her child because its the same born inside or outside the US is not part of this case.
Your post is logical but unfortunately does not account for the fact that there was expedited naturalization at that time for Cuban refugees nor for the fact that Ms Wilson & Mr Cruz have stated they met in Texas and moved to Canada together in 1966/7
That’s interesting, I thought Cruz Sr was a Canadian citizen at the time of Cruz Jr’s birth. So if he was a Cuban, not Canadian, was Cruz Jr a triple citizen? Did/does he have any Cuban citizen connection?
That’s even more interesting. Expedited Canadian citizenship. If they moved to Canada in 1966, is there a possibility Cruz’ mother could have become a Canadian citizen by the time Cruz was born?
I should really stop reading UP threads. The above info is very interesting. If he became a Canadian citizen in 1968, could Cruz' mother have gotten some kind of expedited citizenhip too? I have read a direct quote, fwiw, from Cruz Sr but I cannot find it now, wherein he said that he and his wife BOTH became Canadian citizenship.
That is said, but I have read that anti-Castro fighters in Cuba did not remember Rafael Cruz, and he may have left Cuba for another reason, a crime committed. I read this fairly recently. IMHO the reason why Cruz Sr left Cuba needs to be researched and proven, it is not really known at this time. Claims without any proof are not trustworthy.
He was considered a Canadian anyway, so the answer is "no" because, actually, he renounced his Canadian citizenship about 18 months ago.
then he is not qualified to be President of the USA.
While he seems qualified, he's not eligible.
Raphael was not a courageous freedom fighter http://www.nytimes.com/2015/11/10/us/politics/cuban-peers-dispute-ted-cruzs-fathers-story-of-fighting-for-castro.html?_r=0
I think not judging religious beliefs can go too far. When someone says they can kill me, lie to me, rape me because their religion supports that behavior to infidels I judge that as wrong. When someone tells people in the name of their religion that they are entitled to seize money and wealth they didn’t accumulate from those that did & distribute it to the faithful that is against the laws of this country.
Again I get to judge that taking from the rich and distributing to your congregation is not OK.
In addition to those people who became Canadian citizens upon the coming into force of the Act (popularly known as the “1947 Act” due to the year it came into force), citizenship afterwards was generally acquired as follows:
.... grant of citizenship to a foreign woman married to a Canadian man after one year’s residence as a landed immigrant....
Hoo boy. So Mrs Cruz could have or would have become a Canadian citizen in 1969, since Cruz Sr became one in 1968. So if that is accurate, then Cruz Jr was born in Canada to two Canadian citizens. If those were the circumantances, he would not have any claim to any kind of US citizenship at all, unless he becames naturalized at some point.
So Mrs Cruz would have had to go through an application process to become a Canadian citizen, I would assume.
The same thing that happened to all of US culture....the Soviet Union infiltrated, and screwed it up with disinformation, propaganda and divisiveness.
Every institution (government,education, entertainment we have has been communized. The truth is gone.
Good God. This is what I’m talking about Strac6. You are lost in space...
so youre saying that an illegal alien of illegal alien parents can be president of the United states just because his mother managed to be rolled over the border by her relatives moments before she gave birth on the US side and under the helpless noses of the local sheriff and his deputies ???
where’s the “subject to the jurisdiction thereof” ???
“(4) No person except a natural born citizen, (or a citizen of the United States at the time of the adoption of this Constitution,) shall be eligible to the office of the United States ...
Article II, The Constitution of the United States
“Section 1. All person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state in which they reside.”
“Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article”
Article XIV, The Constitution of the United States (Amendment adopted 1868)
so just when did Congress act to include persons born outside the United States 250 years AFTER the Constitution was adopted ???
of parents who were not themselves and caused the child to not be under the jurisdiction thereof of the United States a the time of the birth ???
a child lawfully not a natural born citizen ???
That was not a judgment of religious beliefs, it’s a statement of fact: Rafael Cruz, father of Ted Cruz, is a preacher of the doctrine of dominionism, which holds that Christians should take over the government...
And you said that, “I do know that Rafael Cruz, like so many of his generation, are ardently anti-Communist”
Fantastic, eh? You obviously did not realize that Rafael was a loyal pledge and admitted Communist supporter of Fidel Castro in Cuba. Years later, Rafael nicknames his son ‘Felito,’ as in lil Fidel.
Over a period of nearly fifty years, Rafael Cruz got a college education in America, worked in America, married two American women, and fathered two children in America. He did all of that before becoming an American citizen. His timing of acquiring citizenship coincides with Ted’s rise in politics.
What do YOU base that assessment on. Have you seen his Form. N550???
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.