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Chicago court will reportedly hear case on Ted Cruz presidential eligibility
Washington Times ^ | 02/19/2016 | Victor Morton

Posted on 02/19/2016 4:41:50 AM PST by SeekAndFind

Birtherism is now officially a legal issue, as the eligibility of Sen. Ted Cruz to run for president will have a hearing Friday in Chicago, according to multiple news outlets.

According to CNN and ABC, a Cook County Circuit Court judge will hear a lawsuit brought by an Illinois voter who says Mr. Cruz is not a natural-born citizen, as the Constitution requires, because he was born in Canada.

Mr. Cruz has never denied being born in Canada, but maintains that the issue is ridiculous because under longstanding U.S. statutory law, he was automatically a U.S. citizen at birth because his mother was a U.S. citizen.

But Lawrence Joyce maintains otherwise and had filed an earlier case with the Illinois Board of Elections, only to have it rejected earlier this month.

Mr. Joyce told WBBM radio that he supports retired neurosurgeon Ben Carson and has not been in consultation with the campaign of real estate mogul Donald Trump, who has repeatedly said Mr. Cruz might not be eligible to take office.

Still, Mr. Joyce told the station, "my case presents the perfect opportunity for Donald Trump himself to step forward and bring the matter to court personally."

Like Mr. Trump though, Mr. Joyce said his concern is that the eligibility issue lie unresolved during Republican primaries, thus letting the Democrats take advantage of it after a potential Cruz nomination, when it'd be too late.

"At that point, all fundraising would dry up. And his support in the polls would drop dramatically. He may be forced at that point to resign the nomination," Mr. Joyce said.

At a CNN town-hall meeting Wednesday night, the issue was brought up by a voter to Mr. Cruz, who calmly said the legal issue has been "clear from the very first days of the republic."

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; US: Illinois
KEYWORDS: court; eligibility; naturalborn; tedcruz
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To: Happy Rain
...if a liberal judge does what Trump is paying him for.

Link please?

21 posted on 02/19/2016 5:12:36 AM PST by Fresh Wind (Falcon 105)
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To: IamConservative
Re> How does this plaintiff have “standing” and the Obama plaintiffs never did?

Obama was wise enough to pretend to be born on American soil.

22 posted on 02/19/2016 5:15:00 AM PST by IC Ken
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To: SeekAndFind

Aren’t all Cook County Circuit Court judge Democrats (and politically active)?
I’d think only a state judge with a political agenda would accept this case.
Does anyone from Illinois have any insight on this?


23 posted on 02/19/2016 5:15:58 AM PST by conejo99
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To: SeekAndFind

Are they going to hear Obama’s at the same time? Not one Republican had the guts to do this when Obama was running.


24 posted on 02/19/2016 5:18:01 AM PST by Hattie
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To: SeekAndFind

Past time to get this out in the open and judicially resolved before nominating Cruz


25 posted on 02/19/2016 5:18:03 AM PST by silverleaf (Age takes a toll: Please have exact change)
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To: shelterguy
It would be weird if this judge was appointed by obama, an INDONESIAN.

It's a Cook County judge, not a federal judge. Obama doesn't appoint state and local judges.

26 posted on 02/19/2016 5:18:06 AM PST by DoodleDawg
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To: jjotto
Natural law is now another inconclusive theory in philosophy. It is no longer legal theory.

That may well be but it was the operating theory at the time of the writing of the Constitution. The meaning of the term "natural born citizen" must be understood by the legal meanings at the time of its drafting, not by modern political theories. This was the whole point of the late Justice Scalia's insistence of originalism when interpreting the Constitution.

27 posted on 02/19/2016 5:18:57 AM PST by Petrosius
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To: SeekAndFind

My prediction - dismissed for a lack of standing


28 posted on 02/19/2016 5:19:46 AM PST by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
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To: SeekAndFind

WHAT??
Follow the constitution???
I’ll believe that when I see it.


29 posted on 02/19/2016 5:20:51 AM PST by Flintlock (-Our ballot box STOLEN, our soap box GONE, we're left with our bullet box, now.---)
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To: IamConservative
How does this plaintiff have "standing" and the Obama plaintiffs never did?

He doesn't, and I expect the court will rule as such.

30 posted on 02/19/2016 5:21:07 AM PST by DoodleDawg
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To: Safrguns

Everyone’s citizenship is established by law, even if you are born in the US. See USC Title 8 section 1401. Section A is the law that makes those born on US soil citizens at birth.

Further, in USC Title 8 section 1101, naturalization only occurs AFTER birth. If you are born a citizen, you are naturally (i.e. not by act of a person) born and qualify for NBC.


31 posted on 02/19/2016 5:23:30 AM PST by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
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To: Safrguns
His citizenship is established by LAW not inheritance.

If not for the 14th Amendment and the laws enacted to implement it not a single African-American in this country would be a citizen of any kind. Are you saying they can't be natural-born citizens because of the law?

32 posted on 02/19/2016 5:23:41 AM PST by DoodleDawg
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To: Safrguns

Prince William is in-line to become Supreme Ruler of the British Isles by inheritance.

This is the crux of the “natural born citizen” issue.


33 posted on 02/19/2016 5:24:09 AM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: SeekAndFind

Cruz is not a natural born citizen, Rubio is not a natural born citizen, and Obama is not a natural born citizen. The effort to destroy the NBC clause is at full tilt and it seems like alot of freepers are more than willing to drive the final nail.


34 posted on 02/19/2016 5:24:41 AM PST by walkingdead (It's easy, you just don't lead 'em as much....)
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To: Petrosius

Scalia seems to have been a texualist rather than originalist.
I’m not sure there are any originalists in today’s legal system.


35 posted on 02/19/2016 5:25:14 AM PST by jjotto ("Ya could look it up!")
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To: grania
With two US parents and born at a US military situation might even be natural born.

But you seem to say that they might not be a natural-born citizen. What's the deciding factor?

36 posted on 02/19/2016 5:25:17 AM PST by DoodleDawg
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To: Happy Rain

Yes I guess my daughter can never be president. It was promised to me at the American embassy in 1973 that she was as much of an american citizen as I was if she lived 14 years in us before she was 21. This is a big Trumped up thing. He is slime and I will NEVER vote for him. So you guys can nominate him and watch him lose in a year that a conservative should have dominated. I guess the people pulling the strings on the left are pretty smart to think this many people can be fooled at once...


37 posted on 02/19/2016 5:26:03 AM PST by carjic (Media and GOPe are making the only people I trust not electable)
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To: SeekAndFind

Chicago Court

38 posted on 02/19/2016 5:27:29 AM PST by bert ((K.E.; N.P.; GOPc;+12, 73, ....carson is the kinder gentler trump.)
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To: Cletus.D.Yokel
This is the crux of the “natural born citizen” issue.

If Prince William had been born in Australia while his parents were on a visit are you saying he would not be eligible for the throne?

39 posted on 02/19/2016 5:27:44 AM PST by DoodleDawg
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To: IamConservative

How does this plaintiff have “standing” and the Obama plaintiffs never did?

Why ask a question when you already know the answer?

 

 

40 posted on 02/19/2016 5:30:43 AM PST by Bratch
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