Posted on 04/11/2016 12:20:43 PM PDT by RoosterRedux
A New Jersey administrative law judge on Monday heard two challenges to GOP presidential candidate Ted Cruz's eligibility to appear on the New Jersey ballot, based upon the Texas senator's birthplace in Canada.
The judge, Jeff Masin, didn't decide the challenges to Cruz's eligibility to appear on the June 7 primary ballot, but said he would issue a decision Tuesday. The decision is expected to be reviewed by Lt. Gov. Kim Guadagno, who is New Jersey's secretary of state.
One of the challenges was brought by three South Jersey citizens, and the other by a law professor who lives in Maryland and is running for president as a write-in candidate in New Jersey. Both parties argued that because Cruz was born in Canada, he is not a natural-born citizen, making him ineligible for the presidency.
Cruz's mother was born in Delaware, while his father was born in Cuba. The senator released his birth certificate in 2013.
Shalom Stone, a New Jersey attorney representing Cruz, argued that the citizens - Fernando Powers of Blackwood, Donna Ward of Mantua, and Bruce Stom of Winslow Township - and Prof. Victor Williams didn't have standing to challenge Cruz's candidacy. Stone also said the state didn't have authority to decide the question.
As for "natural-born citizen," Stone said the words in the U.S. Constitution "have meaning given to them by English common law" at the time of their adoption. He directed Masin to his brief for cases supporting Cruz's position.
(Excerpt) Read more at philly.com ...
Yeah, and kudo’s to Cruz’s dad!
A real American patriot who loves this country and has been speaking out against the Left for years!
Unlike Donald Small Hands.
Wrong. What if china decides that trump is a citizen and makes him a governor of a province? Trump can denounce it but china could still consider him a citizen. Does that mean he’s no longer US NBC?
Ms Cruz would have become a citizen 1 year after Raphael.
In addition to those people who became Canadian citizens upon the coming into force of the Act (popularly known as the “1947 Act” due to the year it came into force), citizenship afterwards was generally acquired as follows:
....
grant of citizenship to a foreign woman married to a Canadian man after one year’s residence as a landed immigrant....
https://en.wikipedia.org/wiki/History_of_Canadian_nationality_law
To politely cleave your theory, under it, Ronald Reagan could never have been President of the US.
His mother Nellie Wilson Reagan was the daughter of a woman, Mary Ann Elsey Wilson, born in Surrey, England.
Nellie was born in Fulton, Illinois.
But since, by your position, Natural Born Citizenship requires two American citizen parents, Nellie Wilson (Reagan) would not have been a citizen since her mother was born in England.
And since, again by your definition, NBC requires two American citizen parents, Ronald Reagan could not be a NBC, because, again by your definition, his mother was not a citizen!
If we were to trace all of us back far enough, by your definition, none of us would be citizens!
Interesting — and consistent with my understanding.
Still a pointless argument, in my view, as the Titanic slowly sinks beneath the waves.
But Trump was not born in China, he is a NBC of the USA. OTOH, Cruz was born in Canada to a father that was a Canadian Citizen at the time and that makes him, Cruz, a NBC of Canada.
No apparently when her husband naturalized she was eligable in 1 year.
The United States Court of Appeals for the Ninth Circuit has specifically recognized in a recent
case that one may be a “natural born” citizen of the United Sates in two ways: either by being
born in the United States, or by being born abroad of at least one citizen-parent who has met the
residency requirement.
In
United States v. Carlos Jesus Marguet-Pillado
, a case dealing with the
propriety of an appeal based on requested jury instructions not given, the court stated:
No one disputes that Marguet-Pillado’s requested instruction was “an accurate statement of
the law,” in that it correctly stated the two circumstances in which an individual born in 1968
is a natural born United States citizen: (1) that the person was born in the United States or (2)
born outside the United States to a biologically
-related United States citizen parent who met
certain residency requirements.
16
From same link as above
Nellie was born in Ill. She was a citizen even if her mother was English. Maybe Nellie was not a NBC but a citizen none the less. Parents must be citizens, no requirement for them to be NBC.
Please direct me to all the articles to support your assertion!
I though Cruz’s mother gave up her citizenship? Can someone please tell me if she did or not
That’s why they were Grandfathered in at the time of the adoption of the Constitution. There were no 35 year old natural born citizens until 35 years after the adoption of the Constitution.
I do not care about this enough to look up too much stuff.
https://www.uscitizenship.info/citizenship-library-dual.htm
The official Canadian position on dual citizenship reads in part:
Unlike the law in effect in Canada up to 1977, the present Citizenship Act allows a Canadian citizen to acquire foreign nationality without automatically losing Canadian citizenship. Since February 15, 1977, a Canadian citizen may retain Canadian citizenship, unless he or she voluntarily applies to renounce it and the application is approved by a citizenship judge. The present Act thus makes it possible to have two or more citizenships and allegiances at the same time for an indefinite period. Also, both the US and Canada require specific acts to give up citizenship. Canada requires that someone who wants to give up their Canadian citizenship has to go to a Canadian embassy or consulate and sign a special form in the presence of Canadian officials. The US requires that “A person wishing to renounce his or her US citizenship must voluntarily and with intent to relinquish US citizenship appear in person before a US consular or diplomatic officer, in a foreign country (normally at a US Embassy or Consulate); and sign an oath of renunciation”.
When did he move to Canada? He would first need to meet the four year requirement before he could naturalize.
Cruz Eligibility Challenge Rulings
Arkansas (Librace v Cruz) dismissed
Florida (Voeltz v Cruz) dismissed
Illinois Election Board, Cruz is eligible
Indiana Election Commission (Cruz), ruled eligible.
New Hampshire Ballot Commission, ruled eligible
New Jersey (Williams v Cruz) pending
New York (Korman & Gallo v Cruz) dismissed
Pennsylvania (Elliott v Cruz) Cruz ruled eligible
Utah (Wagner v Cruz) dismissed
Google Rafael Cruz bro’.
Here’s just one Rafael Cruz speech from 3 years ago:
Before you try to demonize this man, what have YOU been doing to fight for your country?
Fighting for the 2nd Amendment for the last 22+ years!
Yep, facts are stubborn things. That’s like TEN to ZERO in Cruz’s favor.
But until The Donald says differently, won’t matter one iota to the Trumpsters!
In an interview, Cruz’s dad said he worked in Canada for eight years. The family left Canada in 1974 - so he must have moved there in 1967-1968. Ted’s mom moved to Canada in 1969.
At that time, Canada required that you had to be a resident for five years before you could become a citizen. Ted was born in 1970. At the time of his birth, Ted’s dad was still a Cuban citizen, and his mom a U.S. citizen.
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