Posted on 01/16/2016 10:14:22 AM PST by conservativejoy
“McCain was ineligible, the fig leaf Senate Resolution notwithstanding, Mitt Romney was eligible.”
My point is, sir, that all of this argument on FR makes people upset and solves nothing else. It may even get some FReepers banned. The Supreme Court, if it comes to that, will be the deciding factor.
If you are going to quote me, make sure it is me you are quoting. The quote you posted was never said by me. It was a quote I was responding to.
The courts have been ducking the issue.
They don’t want to touch it.
At this point they almost have to find citizen at birth to be the standard because they’ve already allowed it.
The original meaning has been changed and will be allowed to stand, anyone who is born a citizen is a natural born citizen, anchor babies and Winston Churchill and all.
Congress only has the powers of Naturalization.
The Congress shall have Power To...establish an uniform Rule of Naturalization.... ARTICLE I, SECTION 8, CLAUSE 4
Birthright Citizenship in the 14th Amendment is a type of naturalization. Congress can NOT change the Laws of Nature and of Nature's God.
No, a “well meaning” Trump only planted a seed of doubt and pointed the MSM toward Cruz knowing they would to do his bidding on this issue. He used the MSM to attack Cruz.
Kind of like when I tell some of my friends: “I don’t care what they say about you, you’re alright”. Trump started this $hitstorm despite knowing Cruz was confident he had examined the Constitution and met the critera.
No, Trump and the SCOTUS can’t prove he is not eligible because he is eligible. Instead, maybe the MSM can appeal to Obama to issue an EO disqualifying Cruz and thereby himself too. I’m surprised you haven’t heard this from Trump.
“Oh, you mean like Romney and McCain, right”
Straw man much? Neither is running.
The Supreme Court has already decided the issue.
The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.
Objections to placing the names of Obama, Cruz and Rubio on the ballot have been dismissed both on the merits and for lack of standing. Donald Trump, having standing, could file an objection, and the matter would have to be decided (yet again) on the merits.
Iowa Election LawI assume challenges based on constitutional qualification have been lodged in writing, but this is a different vector. Certainly there is probable cause to believe a certification of qualification is false. By operation of US law, as currently expressed in SCOTUS precedent, Cruz is naturalized. This action doesn't remove Cruz from the ballot (probably too late for that), but it does require a finding so hr serious misdemeanor charge can be disposed of.39A.4 Election misconduct in the third degree.
1. A person commits the crime of election misconduct in the third degree if the person willfully commits any of the following acts: ...
c. Miscellaneous offenses.
(3) Making a false answer under chapter 43 relative to a person's qualifications and party affiliations.
See what I mean?
That *might* come into play if Cruz is the actual nominee on the official Iowa ballot. A GOP caucus vote would not be covered by this law. The GOP is a private, voluntary organization that makes its own rules.
One more thing to remember. The GOPe was scared to death to go after Obama on anything. Remember when McQueeg was mad because people said “Hussien”. I can assure you the dimoKKKRATS will have no hesitation going after Cruz if he is the nominee. Cruz needs to settle this thing soon. The sooner the better.
I'm not being sarcastic, I can imagine that the state doesn't care at all if a party wants to waste time with unqualified candidates. But when it comes time to use state resources, and state ballots, then it requires a paper trail with some sort of penalty for making a materially false statement.
If you guys recall, all of the past Obama birther suits were thrown out because of a technicality - ‘Plaintiff has no standing’.
The NBC issues were fought by Obama’s lawyers who would point to the clause in the Constitution that says that the Electoral College determines if the winner is an NBC.
Its a ‘Catch 22’ situation. The decision is made after the election where the winner of the election is allowed to stuff the Electoral College with his supporters.
Its a flaw in the Constitution that has never been addressed.
As a result, we ended up with Obama.
What they really should do is have the previous Electoral College reconvene before the election.
Like most states, the Iowa Secretary of State certifies candidate qualifications and prepares the actual ballot form.
Being punished for breaking the law, at least in this case, requires intent. Different respected legal opinions are not going to result in one of them being considered intent to break the law, at least without a lot of other adjudication.
Please, sir, do not be so sensitive. That starts ill-will.
“The original meaning has been changed and will be allowed to stand, anyone who is born a citizen is a natural born citizen, anchor babies and Winston Churchill and all.”
I agree. That is why all of this argument on FR solves nothing and only creates resentment among members.
“Straw man much? Neither is running.”
Nope. There was not this furor when Romney and McCain ran in the past.
My point:
All of this argument on FR creates resentment and maybe even hostility.
Understood and agreed. The object wouldn't be to find culpability, it would be a finding on the statement of "fact." Unless the law can be circumvented by using a person who is fooled.
NH election law has a 655:17-b Declaration of Intent, signed under penalty of perjury by the candidate. It recites "natural born citizen" on its face.
I know that the NH election officials decided multiple challenges on this Challenges to Cruz 'natural-born' citizenship to be heard in NH next week - WMUR - Nov 16, 2015
Not enough heat in the kitchen, and the "little guys" in the election commission that are hearing these cases aren't of a mind to make waves.
“”I voted for Obama twice”
See what I mean? “
Huh, again!? ;-)
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