Posted on 03/24/2016 8:32:11 AM PDT by Behind Liberal Lines
Appeal from an order of the Supreme Court (Weinstein, J.), entered March 7, 2016 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the certificate of designation naming respondent Rafael Edward ("Ted") Cruz as a Republican Party candidate for the office of President of the United States in the April 19, 2016 presidential primary election.
petitioners commenced this proceeding pursuant to Election Law § 16-102 seeking to declare invalid Cruz's certificate of designation on the basis that Cruz is a natural born citizen of Canada and not the United States.
the Board determined that petitioners' objections were invalid, reasoning, as is relevant herein, that the objections raised issues that were beyond the ministerial purview of the Board and that they were not timely filed
Supreme Court dismissed the petition, finding, among other things, that petitioners failed to file their objections in a timely manner and that such failure deprived the court of jurisdiction over the proceeding.
Petitioners appeal. We affirm.
(Excerpt) Read more at decisions.courts.state.ny.us ...
Sorry, that is a flat out lie.
Sen Cruz's mother was a US citizen at the time of his birth. Canadian law had (has) a requirement for residence prior to acceptance as a Canadian citizen. Sen Cruz's mother did not meet that residence requirement at the time of Sen Cruz's birth. Therefore she was a US Citizen at his birth.
You further assert that his mother renounced her citizenship. Please provide your source materials. Voting lists is NOT proof positive. The voting lists were a census of voters and is not an actual voting list. There are several reasons why one's name might be on that list including errors. Further, voting in another country does not meet the criteria for automatic lost of citizenship. Therefore, it is up to you to show that Sen Cruz's mom either lost her citizenship automatically (USC title 8 section 1481) or show where she positively gave up her citizenship.
If you can not, then you are only spouting speculation and jumping to conclusions.
Yes! you and every socialist in this country believe the constitution is an archaic document. Well, it has protected our rights pretty well until idiots start to think like your statement
Strange that those on this forum are demanding a Strict Constitutional Conservative as President, are the same ones that jump through more hoops than a kid at a hula hoop contest, to get a non NBC elected to the Presidency of The United States.
Didn’t say I agree. I don’t. But there has to be a realistic starting point from which to fight.
I notice on FR that only one or two issues are considered in their original intent. Original intent with regard to freedom of speech and press isn’t so important if one wants to “loosen up” libel laws. And the original intent of state sovereignty doesn’t get much support when it comes to caucuses and primaries.
Cruz Citizenship Timeline (documented)
State of Delaware Vital Records says, no record of Eleanor Elizabeth Darragh Wilson birth exist. Ted Cruz’s mother does not have a US birth certificate.
FACTUAL CRUZ CITIZENSHIP TIMELINE
(Everything presented in this timeline is a matter of public record. All of it is based upon publicly reported events, public statements made by Rafael Cruz, Ted Cruz, officials with the Elect Ted movement or US and Canadian officials.”
1957 - After working as a teen to help Fidel Castro gain power in Cuba, and being imprisoned for his actions by the Batista regime, Cuban Rafael Cruz applies for admittance to the University of Te’as as a foreign student and enters the US on a four year student visa to attend four years of college. He is a Cuban citizen attending a US college on a foreign student visa obtained through the US Consulate in Havana.
1961-1962 - After graduating college at the University of Texas, and upon the expiration of his foreign student visa, Cruz Sr. applied for and received “political asylum” and was issued a “green card.” A green card is a permit to reside and work in the United States, without becoming a “citizen” of the United States, in this case, under political asylum from Castro’s Cuba. His citizenship status was that of a Cuban national living and working in the United States, under a green card work permit. According to US laws, the “green card” holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.
1964-1966 - Cruz Sr. takes a few odd jobs, marries and moves to Canada to work in the oil fields. The Cruz family resides in Canada for the next eight years. “I worked in Canada for eight years,” Rafael Cruz says. “And while I was in Canada, I became a Canadian citizen.” – (From and interview with NPR) “Peter Spiro, a legal expert on US citizenship at Temple University. Spiro says Rafael Cruz’s multi-country odyssey did not follow traditional models for immigration. SPIRO - “Ted Cruz himself seems to be an advocate of those traditional immigration models. Maybe he should be a little more tolerant of the nontraditional Versions, given his own father’s history.”
1970 - Ted Cruz is born in Canada, to two parents who had lived in Canada for at least four years at that time, and had applied for and received Canadian citizenship under Canadian Immigration and Naturalization Laws, as stated by Rafael Cruz. As a result, US statutes would have voided the prior “green card” status which requires among other things, permanent residency within the United States and obviously, not becoming a citizen of another country during the time frame of the US green card.
1974 - The Cruz family moves to the United States when Ted is approximately four years old. Rafael Cruz has publicly stated that he remained a citizen of Canada until he renounced his Canadian citizenship when he applied for and became a US Naturalized citizen in 2005. As a result, his wife and son were also Canadian citizens, his son being born a citizen of Canada in 1970.
2005 - Rafael Cruz applies for legal US citizenship and renounces his Canadian citizenship. No record of Ted renouncing his Canadian citizenship or applying for US citizenship exists as of 2005.
2013 - Freshman Senator Ted Cruz is a rising star in the Tea Party movement, and calls for him to run for the White House begin. In July, Ted Cruz is Questioned by the press about his interest in running for President, and the issue of his Canadian born citizenship is brought up Sen. Ted Cruz rejected questions Sunday over his eligibility to be president, saying that although he was born in Canada “the facts are clear” that he is a US citizen.
“My mother was born in Wilmington, Delaware. She is a US. citizen, so I’m a US citizen by birth,” Cruz told A&C. “I’m not going to engage in a legal debate.”
NOTE: Senator Cruz omits the part of his father’s story, in particular, the part about his parents applying for and receiving Canadian citizenship prior to Ted’s birth in Calgary. He also attempts to gloss past the actual definition of natural)born Citizen by implying it is a mere legal debate for others to figure out.
August 2013 - As Ted’s political stock rises in the Tea Party, so do press questions about his eligibility for office. Ted decides to quiet the questions by releasing his birth certificate, which now becomes absolute proof of Ted’s Canadian citizenship at birth, 1970, Calgary, Canada. The release of the Canadian birth records only serve to further fuel the controversy.
Ted seeks Legal Counsel, as the media is now pressing members of Canadian Immigration and Naturalization to clear the matter up, when instead, Canadian officials confirm the Ted Cruz was in fact born a legal citizen of Canada, the son of two parents who had also applied for and received Canadian citizenship prior to Ted’s birth.
“He’s a Canadian,” said Toronto lawyer Stephen Green, past chairman of the Canadian Bar Association’s Citizenship and Immigration Section.
“Generally speaking, under the Citizenship Act of 1947, those born in Canada were automatically citizens at birth unless their parent was a foreign diplomat, ”said ministry spokeswoman Julie Lafortune.
Legal counsel advises Ted to “renounce his Canadian citizenship” in order to make himself eligible to run for the presidency. Of course, renouncing one’s original citizenship only further proves one’s original citizenship.
May 2014 - Ted Cruz legal counsel files to renounce Ted’s Canadian citizenship in an effort to make him eligible to run for high office under the natural born Citizen clause Article II in the US Constitution.
AUSTIN, Texas - Canada-born US Sen. Ted Cruz has given up his citizenship from his birth country, making good on a promise from last summer. spokeswoman Catherine Frazier said “the Tea Party favorite formally gave up his citizenship May 14th. He received official confirmation of the action at his Houston home Tuesday.”
News that he had renounced his citizenship was first reported by the Dallas Morning News. The newspaper also bro$e that Cruz had dual Canadian) US citizenship when he released his birth certificate in August.
Frazier said Cruz “he is pleased to have the process finalized” and that it “makes sense he should be only an American citizen.”- of course, the Constitution does not require that one be only an American citizen, but rather a natural born Citizen.
As of February 4, 2015 - No evidence of any US Citizenship has been released to confirm anything at all about the true citizenship status of Ted Cruz.
Because Ted Cruz has been confirmed a legal citizen of Canada up until renouncing his Canadian citizenship in May of 2014, and because he has been confirmed a citizen of Canada at birth, and because his father is on public record stating that he and his wife became citizens of Canada during their eight years living in Canada and because Rafael Cruz remained a citizen of Canada until he renounced and applied for legal US citizenship in 2005. There is simply NO WAY that Ted Cruz was, is or ever can be a Natural Born Citizen of the United States eligible for the offices of President or Vice President.
So, does this mean that members of the Tea Party are engaged in an overt effort to defraud Tea Party members who are Ted fans, by all of this legal fancy foot work.
The facts are all well documented. You decide...
One who inherits their Citizenship at birth via nature alone, from their natural birth father, is a natural born Citizen of the United States. According to all available information on Ted Cruz and his family, Ted Cruz was a native born citizen of Canada and not a natural born Citizen of the United States. Now, Ted is either not too bright, or not too honest... But he is at least one of the two... and what about the Tea Party leaders behind this legal shell game?
State of Delaware vital records says, no record of Eleanor Elizabeth Darragh Wilson Cruz exist. Ted Cruz’s mother does not have a US birth certificate.
http://www.scribd.com/doc/256409078/Cruz-Citizenship-Timeline-documented
What I find most troubling about the timeline is under 1970...
1970 - Ted Cruz is born in Canada, to two parents who had lived in Canada for at least four years at that time, and had applied for and received Canadian citizenship under Canadian Immigration and Naturalization Laws, as stated by Rafael Cruz.
My question is, It sounds like Elenore Cruz gave up US citizenship. So how could she pass on something to her son that she no longer had? Makes sense why he is fighting so hard to keep these cases from moving forward.
Cruz’s father has stated that both he and Cruz’s mother filed for Canadian citizenship. It was an interview done thru NPR.
I wholly agree with you. We need to have some definition of what NBC means. According to the way it is interpreted now, any one born in a hut in Kenya, anyone who held dual (Canadian/American) citizenship and most troubling, every anchor baby is eligible.
God we need real leadership in our Country.
Filing for citizenship does not equal being granted citizenship. As there was a 5 year residency requirement prior to being granted citizenship, his mother could not have even been legally granted citizenship. Thus, she was a US citizen at the time of Sen Cruz’s birth.
Strict Constitutional Conservatives follow ... surprise, the Constitution. Which if you follow the Constitution as written and is is the supreme law of the land, clearly shows that Cruz is an NBC.
> IOWs, Trump supporters are still batting zero on the birther issue.
That is an ignorant comment.
> As there was a 5 year residency requirement prior to being granted citizenship, his mother could not have even been legally granted citizenship.
The wife of a Canadian citizen can become a Canadian citizen after one year.
> if you follow the Constitution as written and is is the supreme law of the land, clearly shows that Cruz is an NBC.
Artice, Section, Clause?
The Supreme Court does not want to touch the natural born citizen issue right now because after the definition is clarified Obama will likely be found to not be a natural born citizen.
This sounds like the court ruled the issue to be a “political question.” That means the court feels the issue that can not be resolved judicially, instead it must be resolved politically. In this case, that would mean it would be up to the Congress to decide if Cruz is an NBC.
Further additions to the above timeline:
Raphael marries and had two daughters with an American woman prior to wedding Eleanor presumably in Texas.
1. Eleanor marries Wilson and lived a few years in England. Was she British, maybe? Ted’s mom has not spoken about her status and cleared this up.
2. Ted is nicknamed “Filito” as in little Fidel?
3. Ted gets a US passport (using a Canadian BC) his senior year in Texas.
What is ignorant is you birthers posting the same bs everytime this issue is posted. The facts and the law establish that Cruz was an American at birth. Now if you want to argue the NBC question that is open to debate.
Relevance?
See Canadian Citizenship Act, R.S.C. 1970, c. C-19, s. 10
https://archive.org/stream/revisedstatutes197001uoft?ui=embed#page/n1096/mode/1up
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