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Thread: N.J. COURT DECLARES CRUZ ELIGIBLE FOR WHITE HOUSE

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    Senior Member JohnDoe2's Avatar
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    N.J. COURT DECLARES CRUZ ELIGIBLE FOR WHITE HOUSE

    N.J. COURT DECLARES CRUZ ELIGIBLE FOR WHITE HOUSE

    Rules on challenge to Canada-born Republican candidate

    Published: 6 hours ago
    JEROME R. CORSI About | Email | Archive



    A New Jersey judge has declared Sen. Ted Cruz is constitutionally eligible to be president of the United States.

    After considering the arguments of various scholars, Judge Jeff S. Masin wrote in his opinion Tuesday that while there can be no certainty as to what the founders meant by “natural born citizen,” he concluded “that the more persuasive legal analysis is that such a child, born of a citizen-father, citizen-mother, or both, is indeed a ‘natural born Citizen’ within the contemplation of the Constitution.”

    Cruz was born in Canada to a Cuban father and an American mother.

    New Jersey Republican Lt. Gov. Kim Guadagno, the secretary of state, can accept, reject or modify Masin’s ruling.

    Read Judge Masin’s decision


    A Washington-area law professor, Victor Williams, challenged Cruz’s candidacy, claiming Cruz filed a false certificate of eligibility to put his name put on the New Jersey ballot.

    Williams charged Cruz’s Canadian birth certificate on public record “incontrovertibly proves, that he was, and is, a natural-born Canadian.”

    “It is simply a physical impossibility for him to be both a natural-born Canadian and a natural-born American,” he asserted.

    But the GOP candidate’s lawyers argued it’s “inconceivable that the Framers intended to exclude a U.S. citizen at birth from holding the office of president, simply because of where he or she happened to be born.”

    What do YOU think? Sound off on the ruling declaring Cruz eligible to run


    While previous eligibility challenges have been dismissed because the plaintiffs were determined to have lacked standing, Masin ruled the challengers had standing and the issue should be decided on the merits. He argued, citing a previous case in the state, that “the need to protect the integrity of elections” justifies a “broad approach to standing.” And he noted that in New Jersey, “standing is broadly interpreted.”

    In the early primary season, Donald Trump made an issue of Cruz’s eligibility, suggesting legal challenges might keep Cruz’s name from appearing on the presidential ballot in November.

    Along with Williams, a group calling itself the South Jersey Concerned Citizens Fellowship challenged Cruz’s eligibility.

    Masin relied on the 1898 Supreme Court case Wong Kim Ark, in which the court applied the 14th Amendment and English common law to determine that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”


    Masin noted the facts of the case were undisputed: Cruz was born in Calgary, Canada, the child of a mother who was an American citizen and a father who was not a citizen of the Untied States.


    Masin also noted the Supreme Court has yet to rule on the meaning of the phrase “natural born citizen,” as opposed to simply being a U.S. citizen.


    The issue has been debated since 2008, when Democratic Party presidential candidate Hillary Clinton raised the question about whether or not then-Sen. Barack Obama was eligible.


    Masin relied heavily on the 1790 Naturalization Act in which Congress stated natural born citizens may be born outside the United States, while acknowledging the law was repealed and replaced by a 1795 law that omitted the phrase “natural-born.”


    Masin wrote:
    The 1790 Act provided that at birth, a child of a citizen of the United States, even if born outside the limits of the United States, was a “natural-born” citizen of the United States. No process was necessary for them to obtain this citizenship. No barrier stood in their way. Just as a child born within the limits of the United States, these children were “natural-born” citizens.

    In his conclusion, Masin acknowledged the final determination of the issue still awaits a Supreme Court decision:

    As demonstrated above and in the thoughtful examinations of the scholars whose materials are mentioned herein, it must be acknowledged that the arguments against finding a child born outside the United States to a non-diplomat or non-military citizen of the United States are not facetious and the issue can never be entirely free of doubt, at least barring a definitive ruling of the United States Supreme Court.


    http://www.wnd.com/2016/04/n-j-court...kf3HUxX4mB6.99
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    Senior Member JohnDoe2's Avatar
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    Senior Member JohnDoe2's Avatar
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    Pennsylvania Judge Rules Cruz 'Natural Born Citizen'


    By Greg Richter | Sunday, 20 Mar 2016 07:28 PM


    A Pennsylvania judge has ruled that Texas Sen. Ted Cruz's name can appear on that state's GOP presidential primary ballot in April, reports LawNewz.com, adding that the story got scant attention despite its ramifications.

    While the Wall Street Journal reported on the ruling in a blog post, LawNewz writer Rachel Stockman writes that not much else has been said, despite front-runner Donald Trump's earlier assertions that Cruz's eligibility would be tied in the courts for years.

    "This weekend, it occurred to me, this issue has faded from the public eye. The major media outlets stopped talking about it (maybe because Trump has moved on to other things.) But, it remains an important and largely unresolved question," Stockman writes.

    The suit – and others across the country – have focused on whether Cruz can even serve as president because he was born in Canada.

    There are two schools of constitutional thought on that question. While there is no debate that the president must be a "natural born citizen," some legal scholars say that Cruz meets that criterion since his mother was a U.S. citizen.

    Others argue that while his mother's citizenship does grant him citizenship at birth, it does not make him a "natural born citizen" allowed to serve as president since he was born on foreign soil.

    Other courts have tossed out the so-called "birther" claims against Cruz on procedural grounds, including that the plaintiffs didn’t have standing to bring the suits, Stockman notes.

    But Pennsylvania Senior Judge Dan Pellegrini actually ruled on the merits of the case and found Cruz to be a natural born citizen.

    One document used by Pelligrini is a 1968 memo by then-General Counsel of the United States Immigration and Naturalization Service Charles Gordon.

    "The Framers were well aware of the need to assure full citizenship rights to the children born to American citizens in foreign countries," Gordon argues in the memo.

    Then there is a 2011 Congressional Research Service Memo titled, "Qualification for President and the 'Natural Born' Citizenship Eligibility Requirement."

    That document reads: "The weight of legal and historical authority indicated that the term 'natural born' citizen would mean a person, who is entitled to U.S. citizenship 'by birth' or 'at birth' either by being born 'in' the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents."

    Further, Pelligrini quotes a Harvard Law Review article by constitutional scholars Paul Clement & Neal Katyal who, though coming from different sides of the political aisle, say, "as Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization.

    And the phrase 'natural born citizen' in the Constitution encompasses all such citizens from birth."

    Breaking News at Newsmax.com http://www.newsmax.com/Headline/penn...#ixzz45gOXXlxx
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    Senior Member Judy's Avatar
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    Disgusting. A natural born citizen under Article II of the US Constitution is someone born in the US (soil) to 2 US citizens (blood). It is so simple.
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    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by Judy View Post
    Disgusting. A natural born citizen under Article II of the US Constitution is someone born in the US (soil) to 2 US citizens (blood). It is so simple.
    "Article II Clause 5. 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 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."

    http://www.shmoop.com/constitution/a...section-1.html

    Nothing about 2 parents on U.S. soil.
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    Senior Member Judy's Avatar
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    That's what a natural born citizen was when Article II was written and ratified and what it still means today. In 1790, Congress decided to make children born overseas natural born citizens through the naturalization act, but repealed it in 1795 to return it to the way it was. Every lawyer knows this. Every judge knows this. Every member of our legal community and American citizens have known this for over 228 years. The difference today is that there is such an immigrant-friendly environment and so many immigrants and children of immigrants in the United States that some people think it's time to change it to mean something else.

    Someone who becomes a US citizen by law, such as children born overseas to 1 US citizen through the naturalization act is by definition someone who is naturalized by law because they are not a natural born citizen and require a law to make them a citizen of the United States. They are citizens by law, not natural born.

    It's humorous how Judges are referring to the op-ed article planted in the Harvard Law Review. That article was posted the month Cruz announced his run for the Presidency. The article is planted to claim Cruz is eligible because ne isn't eligible. If he was eligible there would have been no need for the article. The two lawyers who wrote it both worked in the Solicitor General's Office of the United States during the Obama Administration.

    It's a planned attack on our Constitution and the Presidency of the United States by Ted Cruz. One of the lawyers who kindly wrote the article, Neal Katyal, a child of immigrants, was the lead attorney for Al Gore's lawsuit against Bush in 2000. Ted Cruz organized the legal team for Bush in 2000 and chose John Roberts to lead that team of lawyers in the Gore verus Bush suit that went to the US Supreme Court, and people who have been involved in these legal cases know first-hand the friendly relationships the legal teams develop with each other during these disputes.

    Cruz knows he's not eligible. Neal Katyal knows he's not eligible. Paul Clemente knows he's not eligible. They want to change the Constitution through opinions instead of by Amendment.

    The US Constitution is very clear on the differences between a natural born citizen and a citizen of the United States for anyone who knows the meaning of the words in plain language. Natural born means soil and blood, the combination, and without law. 14th Amendment children such as Rubio are not eligible because the 14th Amendment didn't exist at the time. Naturalization Act children like Cruz are not eligible because if you need a law through a Naturalization Act by Congress, you need it solely because you are not a natural born citizen. A natural born citizen requires no law. You are a citizen by nature: born in the US (soil) + born to 2 US citizens (blood).

    Under the theory you're pushing based on what these silly judges are ruling in New Jersey and Pennsylvania, El Chapo can have an affair with an American drug runner, get her pregnant, and his child can become President of the United States, even though that child is a Mexican citizen. A Korean American can have sex with the leader of Korea, get pregnant, and his child can become President of the United States, even though he/she is a citizen of North Korea. A Muslim American can have sex with the Khomeini of Iran, get pregnant, and his child can become President of the United States, even though he is a citizen of Iran.

    Anyone who thinks for a second that was the distinction in Article II of the US Constitution between a natural born citizen and a citizen of the United States just isn't thinking it through or wants children of foreigners to become President of the United States, the very result the founders installed the term to prevent.

    American Voters are the only ones who can uphold this section of the Constitution so hopefully they will do so during their primaries and in the general election. They failed to do in 2008 and 2012, and they can see how that worked out for them.

    Americans are losing our country, so it's not surprising that a movement is underway to lose our Presidency as well. 2016 is the year to take it all back, and I trust Americans love our nation enough to take the brave stance of courage and only vote for natural born citizens, who are people who were born in the US to 2 US citizen parents.
    Last edited by Judy; 04-13-2016 at 01:03 PM.
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    Senior Member artclam's Avatar
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    This decision is worth reading. It is a very good piece of legal scholarship and clearly written.

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    Senior Member JohnDoe2's Avatar
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    "The more persuasive legal analysis is that such a child, born of a citizen-father, citizen-mother, or both, is indeed a 'natural born citizen' within the contemplation of the constitution," he wrote in a 26-page decision. (Click to read.)
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    Senior Member Judy's Avatar
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    No they aren't. They're citizens by birthright based on naturalization law, not by nature. They are determined to be citizens at birth by law. That is different than a natural born citizen who is a citizen by nature and blood, not by law. The only physical means to achieve a natural born citizenship is to be born in the US to 2 US citizens. Every American has known that. That's why we have a 14th Amendment to allow citizenship to people born here who parents aren't US citizens. That's why we have provisions in the naturalization law to give citizenship to children born overseas to US parents. If they were already natural born citizens they wouldn't need citizenship through the 14th Amendment or naturalization law.

    The confusion is between the terms natural born citizen and birthright citizenship.

    Here's the list:

    1. natural born citizen - born in the US to 2 US citizens (blood and soil)
    2. 14th Amendment citizen - born in the US under our jurisdiction (soil born here to legal non-citizens)
    3. born abroad citizen - born in another country to at least one US citizen parent determined by naturalization law
    4. naturalized citizen - born in another country to non-citizens who are naturalized through naturalization law

    Only Number 1. is eligible to be President or Vice President of the United States under Article II of the US Constitution

    Number 2. - 4. are citizens who can run for Congress but not President or Vice President.

    If you want 2. and 3. to be eligible to run for President and Vice President, then we would need to amend Article II of the US Constitution and make that possible. If you want more Obamas, Rubios and Cruzes, then start some movement to change the Constitution. I don't. I want to restrict the Presidency and Vice Presidency to natural born citizens, born in the US to 2 US citizens. There were valid reasons for this when our country was founded and Article II was written, and honestly, they are every much as valid today if not more so than they were then.

    If you're tired of globalism, if you're fed up with massive illegal and excess legal immigration, then you have to stop electing people to federal office who are not natural born citizens. People with foreign connections through their place of birth and parents have a different view of our country, because they were raised and influenced by the foreign connection. Look at Congress, stop electing people who are not natural born citizens. Just stop it. Make it your own personal criteria if you don't think the courts will support the Constitution. You vote, it's your call.
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    Senior Member JohnDoe2's Avatar
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