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 ...
If Canada did not acknowledge dual citizenship, why did Cruz have to revoke his Canadian citizenship in 2014? Would that not have been unnecessary?
The 1946 Act has a section that deals with children born in Canada who are also citizens of other countries.
“Part III Section 17. (1) Where a natural-born Canadian citizen, at his birth or during his minority, or any Canadian citizen on marriage, became or becomes under the law of any other country a national or citizen of that country, if, after attaining the full age of twenty-one years, or after the marriage, he makes, while not under disability, and still a national or citizen, a declaration renouncing his Canadian citizenship, he shall thereupon cease to be a Canadian citizen.”
They would not need this section if they didn’t recognize that children could be born with dual citizenship.
No reason to waste the judges time or expose the content of the plaintiffs argument allowing defendant to prepare for argument.
Common procedure when the case is moving up the ladder to a higher court and all are aware (except novice public) of the practice
I’m not a birther, but I am curious why Cruz hasn’t released all the docs on this issue. It’s hurt him with voters so there’s something being hidden. I wonder what it is?
It’s standard practice?
Oh, you mean like Goldman Sachs who was just fined 5 billion in for wide scale fraud, and not a single person goes to jail?
Got it.
If Cruz is nominated this “controversy “ will be on the news 24/7.
VERY good point! Any legal guys want to comment on that?
Probably not his grades.
That leaves affirmative action admission or, even more damning, foreign student admission.
If the case gets tossed for a technical reason (lack of standing, failure to file a timely response, etc.) and then gets appealed to a higher court, the appeals court cannot hear the case on the merits - it can only hear the appeal in regard to the dismissal. The appeals court cannot rule on anything that was not already argued at the trial court level. If the dismissal is overturned, it still has to go back to the lower court for the arguments on the merits.
Yeah, no one every has "standing". Even a presidental candidate, or any voter, or anyone at all, apparently.
>That leaves affirmative action admission or, even more damning, foreign student admission.
Wow, that would destroy Cruz even if he was a natural born citizen.
I’m guessing he revoke it for appearances sake. Running for President as a Canadian citizen (even if only so recognized by America) would not be a positive thing.
I read she returned using her birth certificate. Who knows whether she had become a Canadian citizen or not; there is some evidence that she did. If Cruz would make her citizenship (and his) documents public, we’d all know the situation exactly.
Precisely so if it doesn’t move up on merits its not going anywhere
Still will not be adjudicated on merits until it reaches the SCOTUS
Cruz is dead meat and a joke. He doesn’t even have a US birth certificate.
He is going to get knocked to the curb for fraud.
We were invaded by foreigners who now want to run the whole damn place.
That means Ted Cruz types.
.
.
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That’s what happened to us!
If Canada did not allow dual citizens, and he had a Canadian passport and birth cert (we know he has a Canadian birth cert), then he might actually be stateless at this point, after renouncing Canadian citizenship. How could he possibly have held dual citizenship at birth if such was prohibited in Canada at that time?
I think you are correct about the statelessness.
As far as eligible to run for the presidency, or hold the office, I'd say the answer to that depends on what one means by "eligible." Nobody is going to check his credentials, so in that sense, he's eligible. I don;t think you need to go any farther than that, if he's politically inclined and connected. The law is not relevant. The only things that matter are action and inaction.
It is common and public knowledge Cruz Sr was a Canadian at the time of Cruz Jr’s birth. His mother’s citizenship status is unknown until relevant documents are produced. Someone “saying so” means nothing, nada, squat, zero.
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