Posted on 04/22/2016 10:14:11 AM PDT by SeekAndFind
A Utah lawyer has appealed a lawsuit to the U.S. Supreme Court, alleging Republican presidential candidate Texas Sen. Ted Cruz is not a "natural born citizen" and therefore ineligible to become president.
Legal scholars say there is virtually no chance the high court will consider the appeal, partly because they do not want to encourage a wave of similar suits.
Cruz has faced questions about his eligibility to become president from his chief rival, Donald Trump. Cruz was born in Canada, though his mother is a U.S. citizen.
The U.S. Constitution sets only a few standards for presidential eligibility. Candidates must be 35, have lived at least 14 years in the country and be a "natural born citizen."
To some, legal vagaries exist surrounding the constitutional language. Congress has never passed a law explicitly defining the term "natural born citizen" and the nation's founding document does not specify what qualifications someone must have.
For centuries, the courts have fallen back to the British common law explanation, that a "natural born citizen" is anyone who is granted citizenship at birth and, therefore, does not have to undergo any naturalization process later in life. Traditionally, that has included anyone born on American soil and the children of American citizens born abroad.
But that definition has generally not been tested in courts because federal judges are first bound to consider whether a plaintiff has standing to bring a lawsuit. To establish standing, someone making allegations has to pass the threshold they have been personally injured in some way.
(Excerpt) Read more at upi.com ...
Cruz could do the nation a favor by asking SCOTUS to consider the lawsuit on it’s merits.
That would resolve it once for all. But Cruz won’t do it, even though the ambiguity will hang over him if he ever runs again.
This one will end quickly without any action by SCOTUS. The Pennsylvania and New Jersey cases may go forward.
Again, I repeat. All the Supreme Court Justices have to to is say Minor v. Happersett is the law of the land. So why haven’t they?
Sorry, That’s not how the Supreme Court works.
Born on US soil to one or two citizen parents with possessions, territories, and facilities considered to be US soil.
Now, Original Intent, may have been to for both parents to be US citizens but still, the court would be a Hell of a lot closer to the Constitution requiring US soil and one parent than simply one citizen parent which means several Saudi Princes and God knows who else on the planet is eligible under the single US parent criteria.
That would be the best we could hope for at this point.
I still think they will not get involved if they can help it.
So why havent they?
****************
They would be saying Obama is an usurper and they allowed it to happen.
That will not happen.
In fact, that's what I think Ted is afraid of, prima facia evidence that he's not a NBC because you can't be both naturalized and natural born.
Every child born outside the country HAS to have some kind of paperwork.
Real natural born citizens have a US birth certificate listing to citizen parents.
Canadians have Canadian birth certificates and must have SOMETHING that allows them entry and possibly citizenship.
At least it used to be that way when we had the rule of law....
And Cruz the liar claimed he follows the original intent of the Constitution... And the Cruz supporters give up their natural born birthright.... stupid peoples. At least Esau required a bowl of RED pottage (lentils) for his birthright.
I had a childhood friend who was born in Germany while his dad was in the Air Force and he was told he was not eligible to be President. They used to advise military wives to go home for the birth of their children if they wanted to preserve natural born status.
Civics classes taught born here of citizen parents, no divided loyalties, no foreign citizenships, solely a US citizen.
How courageous of them. How about doing what's right by the Constitution, and settling this matter at the federal level, at least for Ted Cruz's specific circumstance.
After all, Cruz is seeking a federal office that required NBC status, so what's the big fear of making a ruling here?
Do your jobs and earn your keep, bozos...
If the Dread Pirate Roberts twists himself into a pretzel again and upholds the _resident on DAPA and allows him to legalize illegal aliens we may be sunk before we can elect Trump.
Are there differences between the Navy and other services since a US ship is always considered part of the US just like land within any state is ?
Because they know that Godebert is right, that natural born citizen means born here of citizen parents and that they allowed an usurper into office.
If they were to uphold precedent they would have to rule Obama ineligible, they simply will never do that.
They will dodge it if at all possible.
If forced, they will find Cruz and Obama eligible along with millions of potential enemies.
There has been a long-standing effort to eliminate the natural born citizen requirement. This way there is no messy and difficult amendments necessary.
He's a “principled conservative”, why would he twist himself into a pretzel ?
</sarc>
I never understood this while standing concept. Wouldn’t any citizen have the potential to be “injured” by a person executing and signing laws that would govern him/her, especially if that person was not eligible for the office? One would think therefore that any citizen would have standing on this issue.
Hopefully this ends this silliness.
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.