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  1. #1
    Senior Member JohnDoe2's Avatar
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    Pa judge hears Ted Cruz 'birther' challenge

    Pa judge hears Ted Cruz 'birther' challenge


    Republican presidential candidate Sen. Ted Cruz, R-Texas, survived a "birther" challenge Thursday in Pennsylvania. (Gerry Broome / AP)


    Steve Esack Contact Reporter Call Harrisburg Bureau

    HARRISBURG — Carmon Elliott is not a lawyer. But he got to play one Thursday in state court when he tried to convince a judge that Republican U.S. Sen. Ted Cruz is really a Canadian who has no constitutional right to be a candidate for U.S. president.

    Senior Judge Dan Pellegrini was as impressed with Elliott's oral arguments as he was his Uncle Sam tie.


    "By the way, I like your tie," said Pellegrini, who's known for his wit as well as his probing legal questions.


    Some judges don't like hearing election petition cases argued bypro se litigants because they can be unprepared and disruptive to the political process, Pellegrini said. Not so in Elliott's case.



    "I have to compliment you," Pellegrini said in Commonwealth Court. "You represented yourself well today."

    Elliott, a Pittsburgh retiree resident and a Republican with a self-professed affinity for the U.S. Constitution, went up against Robert N. Feltoon, a lawyer from the Philadelphia firm Conrad O'Brien.


    Feltoon argued that Elliott's petition should be dismissed. The U.S. Supreme Court has never specifically ruled on whether a person born outside the United States as Cruz was can run for president, he argued. It is a decision, Feltoon said, that should be made by Congress and the Electoral College, which ultimately elects the president.


    Elliott's petition was one of several "birther" lawsuits filed against Cruz after GOP front-runner Donald Trump openly questioned whether the Texas senator can serve as president.


    An Illinois judge tossed one lawsuit last week.

    On Wednesday, a New York State judge dismissed a petition to kick Cruz off that state's ballot because he was not a "natural-born citizen." The New York judge said the petitions did not file their claim in a timely fashion, which means the larger argument was not addressed.

    Cruz was born on Dec. 22, 1970 while his mother, a U.S. citizen, was in Canada.


    Article II of the U.S. Constitution says: "No person except a natural born citizen, or a citizen of the United States … shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States."


    The 1790 Naturalization Act also states: "The children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization, and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States.

    Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States."


    For Thursday's hearing to take place in Harrisburg, Elliott had to inform Cruz he was being sued. Elliott did that by serving Cruz with a court summons during his campaign stop in Atlanta, Ga.


    "How did Sen. Cruz feel when you served him in Atlanta?" Pellegrini asked.


    Elliott said he paid a processing server, who arrived several hours early to make sure he could shake Cruz's hand. When they shook, the server said: "You've been served."


    Thursday's arguments before Pellegrini centered on the Constitution and the 1790 Naturalization Act.


    The U.S. Supreme Court has "clearly, unambiguously made the distinction between natural-born and a naturalized citizen, Elliott argued.


    "No they didn't," Pellegrini replied.


    A 1874 Supreme Court decision that gave women the right to vote under the 14th amendment relied on English common law that found children, upon birth, inherited the same citizenry rights as their parents, Pellegrini said. But he said the distinction can be confusing.


    "This makes my head hurt too," the judge told Elliott. "If it was easy you wouldn't be here."


    In the end, Elliott lost his case. Later in the day, Pellegrini issued an order leaving Cruz on the ballot, finding legal and statutory history shows that a "natural born citizen" includes any person who is a U.S. citizen from birth."


    Cruz was not the only presidential candidate facing a challenge to his candidacy in Pennsylvania.


    A three-judge panel in Commonwealth Court is considering a challenge to nominating petitions of Ohio Gov. John Kasich.

    http://www.mcall.com/news/nationworl...310-story.html

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    "How did Sen. Cruz feel when you served him in Atlanta?" Pellegrini asked.

    Elliott said he paid a processing server, who arrived several hours early to make sure he could shake Cruz's hand. When they shook, the server said: "You've been served."
    LOVE IT!

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    Ted Cruz has a Canadian birth Certificate! How in the Hell is he an American citizen? Citizenship flows from the Father---not the mother! Where is this Original Intent?

    These judges are idiots! How does one not understand this?

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    Senior Member grandmasmad's Avatar
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    Rubio is an Anchor Baby!!!!!!!!!!!!!! NO Citizen Parents!!!!!!!!!!!!!!!

    WHY doesn't anyone bring that up??????????????????????
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    Senior Member JohnDoe2's Avatar
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