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 ...
Extreme corruption took over
The Vice Presidential nominee becomes the candidate if the nominee can’t continue. Conservative judges have been no different in rulings on eligibility than liberal judges.
“Everyone knows if any one of them moved here and tried to run for President everyone would scream they aren’t eligible.”
Not everyone, evidently.
The Naturalization Act of 1790, passed by the First Congress and signed into law by President Washington: “the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States”.
The reason we can deport illegals is because they are “subject to the jurisdiction of” our immigration laws. Anyone on U.S. soil is subject to the jurisdiction of U.S. law unless they have diplomatic immunity or are a member of a foreign invading military on U.S. soil.
Thank you very much.
Oops, my apologies. Sometimes it’s tough to know who’s pitching and who’s catching anymore :)
And you know the 1790 Act was repealed and replaced in 1795 with the natural born citizen clause reduced to citizens. And you know that all of our 44 Presidents were ‘jus solis.’ And you know that all 47 Vice Presidents were ‘jus solis.’
Why are you so eager to install the first foreign born president?
What is the advantage for Americans and American sovereignty to accept foreign born citizens to lead the largest military power in the world?
Why do you want a foreign born person as the Commander in Chief of the US Military?
I’ve been hearing that Cruz is less eligible than Winston Churchill was. While Cruz is a patriot who means well, Churchill was a rabid English nationalist.
And look at Obama — a rabid anti-patriot. So our Founding Fathers knew what the heck they were doing when mandating ‘natural born status’ no matter what the witch doctors with gavels say.
“If Cruz had stayed in Canada since he was born there, would he be considered being a Canadian citizen today. If the answer is yes, then he is not qualified to be President of the USA.”
*****
Your arbitrary test is unsupported by the law.
For example, John McCain was born in Panama. Under Panama’s Constitution, he is still considered a Panamanian citizen by the Republic of Panama whether or not he has lived there since birth. The Panamanian government’s views on this issue are irrelevant as to his eligibility to run for POTUS in 2008 (that he was a terrible RINO choice is a political matter but not a legal disqualification).
“Too late, Scalia is mysteriously dead now.”
The liberals on the court will rule he isn’t because it throws the election to Hillary. The Conservatives on the court will rule he isn’t because he doesn’t meet the NBC standard.
You’ll note that the article thoroughly misstates the issues of what an NBC is, and what circumstances create this quality of born citizenship. NBC and born citizenship are not the same thing in all instances.
‘The damage it would do to the RNC is he is selected as candidate and then gets a not eligible ruling would be horrendous on top of all their other issues ...’
That is a legitimate risk. I don’t know if the Establishment will bother to mention it at the Convention, but they might. Could be a key element in their plan.
Please show me his naturalization papers please.
Oh that’s right, they don’t exist because he has been a citizen from birth, a natural born citizen.
“but BOTH his parents then and now are USA citizens. Hence, Cruz would not automatically qualify as a Canadian citizen.”
Sorry but your facts are in error. Cruz’s father became a Canadian citizen, then only recently became a US citizen.
There is a separate issue of whether Cruz’s mother registered his birth with the US government stating her intent to pass on her US citizenship to him. If she didn’t he isn’t, in the absence of naturalization papers, even a US citizen and ineligible to be even US senator.
Ever wonder why Cruz has sealed his birth records? Shrug????
On sure, we can always take lying Ted’s word for it can’t we? /s
Neither of McCain’s parents was Panamanian. Cruz’s father was Canadian at the time of his birth. Under Canada law, he was considered a natural born Canadian.
Now you’re jumping to a different standard than the one you first stated.
If a foreign government considers a U.S. citizen to also be a citizen of the foreign country, that is irrelevant to one’s eligibility to be POTUS.
Otherwise, any country in the world could disqualify a U.S. presidential candidate. For example, Putin could announce tomorrow that Trump is also a “natural born” Russian citizen. Applying your shifting standard of eligibility, that would disqualify Trump from being elected POTUS.
I’m in the process of becoming a citizen in another country in addition to being a natural born U.S. citizen. The U.S. federal government does not want me to renounce U.S. citizenship (and I have no plans to do so) because Uncle Sam wants my tax revenues (which I pay).
That a second country bestows citizenship upon me does not disqualify me from running for POTUS (although I have no interest in doing so).
Exactly and then they can put Bush in as the candidate. We may have discovered their plan.
Please show me his naturalization papers please.
Oh that’s right, they don’t exist because he has been a citizen from birth, a natural born citizen.
______________________________________________
and please show us his valid American birth certificate...
His born-in-America one...
That’s right there isn’t one...
But there is a born-in-Canada BC...to a foreign father..
and his passport to bring him into the US in 1974...what nationality was it ??? Under which country were the papers when Cruz Jr immigrated to the US ???
In the early 1970s we were assigned to Japan...our son as a military dependent had to have his own passport ...the cruz family were just civilians unattached to the US military...was Cruz on his mother’s passport, or did he have his own ???
or was he on his Cuban, no Canadian by then father’s passport ???
There are variables which the CruzBots seem to be determined to ignore..
This Cruz problem is complicated at best and much of it makes him ineligible to be POTUS...
The original patriots did not want a foreign king to rule over them...why are you trying to force one on us now ???
Cruz’s father became a Canadian citizen, then only recently became a US citizen.
______________________________________
as an immigrant and a naturalized citizen, this greatly concerns me...
why did a man who now claims to love America wait 50 years to become a citizen ???
why did he meanwhile leave the country he claims to love, go to Canada and shortly there after become a citizen of that country ???
then leave his new country immediately after being naturalized to return to America where he retained his Canadian citizenship for decades needlessly before applying for American citizenship ???
Oh yes the difference was now his son was in American politics with hopes of very high office ...
as a naturalized citizen I am not impressed but appalled...
Put me down in the #NeverCruz column...for this reason also...
Only someone grasping at last straws as their candidate gets slaughtered in election after election would keep dredging up this garbage.
In NUMEROUS states there have been lawsuits filed, and dismissed by court after court after court.
It is absolute nonsense and a waste of time.
Trump was born to a foreign mother... I guess he is ineligible?
How about McCain? He was born in Panama.
How about Goldwater? He was born in a territory, NOT a state.
How about George Romney? He was born in Mexico, yet somehow he was eligible.
He is eligible. Deal with it. Defeat him on ideological differences, not this BS.
Of course, you cannot defeat him on policies and principles, and after this weekend, you can see how he is a more effective leader than Donald Trump ever will be.
How can Trump be expected to solve ANY problems if he cannot even figure out a basic delegate selection process?
The fact that Cruz Sr had the intentions of living as a citizen of Canada and not in America puts Cruz Jr strongly in the Canadian camp..
To be naturalized in any country and give up ties to the original birth country is a big step and Cruz was eligible at that time to eventually become an American...
However in choosing to be a Canadian, he indicated he was planning to settle in Canada and not return to the US..plus he remained a Canadian for most of his life..never once voting in America ...or bothering to enjoy the other privileges of citizenship...did he vote in Canada ??? pay taxes to Canada ???
There is no plausible explanation for this other than his heart was with Canada until his son’s political ambitions persuaded him to change his loyalties to this country...
There appears to be nothing that would have stopped him from becoming an American citizen at any time during the last 40 years...
and nothing to stop his grown up Constitutional expert son from getting rid of his own Canadian ties...
why did they wait so long ???
Political expediency stinks and this is a smelly example...
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.