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N.J. judge hears challenges to Cruz eligibility
philly.com ^ | Maddie Hanna

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 ...


TOPICS: Breaking News; News/Current Events; Politics/Elections; US: New Jersey
KEYWORDS: birther; birthers; cruz; desperatedonald; repositorycruz; trump
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To: 2nd amendment mama

Great. So has Cruz been fighting for the 2nd Amendment.

Why are you sliming him?


201 posted on 04/11/2016 4:18:50 PM PDT by Elpasser
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To: Elpasser
Before you try to demonize this man, what have YOU been doing to fight for your country?

Just what the Hell have YOU been doing?

202 posted on 04/11/2016 4:19:06 PM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: Elpasser

the problem is the trump supporters won’t accept the Pennsylvanian decision ,nor the penn SC decision that refused to hear the case because they agreed with the lawyer court- and will keep shopping around until they find a judge, lower or higher court- doesn’t matter to them- that will declare ted ineligible- then, no matter how many ‘eligible’ decisions have been made, they will declare victory from just one court decision- We’ve already seen people claiming the Penn Judge’s decision was ‘bogus’ and criticizing the Penn Supreme Court Decision upholding the decision by the lower court-

The left are tying lift bags to the titanic in hopes of bringing it to the surface again for one last glimpse- and by golly they will find their one judge- somewhere- somehow- come hell or high water-


203 posted on 04/11/2016 4:20:28 PM PDT by Bob434
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To: 2nd amendment mama

Well I stood on the line for 6 years as an Army officer for starters, doing my small part to safeguard everyone’s right to have this discussion.


204 posted on 04/11/2016 4:21:16 PM PDT by Elpasser
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To: 21twelve

And your point is?The original poster that I was replying to said that Teddy’s father was NEVER a Canadian citizen and that we were lying. Nope - we’re not lying.


205 posted on 04/11/2016 4:22:12 PM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: Elpasser
A real American patriot who couldn't be bothered to become a citizen for 48 years after he left Cuba.

Cruz waited to see if it was really in his interest or if anything better came up. Then he landed the gig as a Dominionist and decided to stay and become a citizen.

Rafael Cruz, father of Ted Cruz, is a preacher of the doctrine of dominionism, which holds that Christians should take over the government and save it from the wicked. Citing the Book of Proverbs, Cruz preaches that “the wealth of the wicked is stored for the righteous. And it is through the kings, anointed to take dominion, that that transfer of wealth is going to occur.”

God wants you to be rich. “God’s going to open up that multimillion contract,” Cruz preached in Irvine. “God’s going to open up that promotion at work.” Ted Cruz’s role is to “take dominion” of the governmental ‘mountain,’ thus effectuating a Bernie Sanders-like “wealth transfer,” except not from the 1 percent to the 99 percent, but from the wicked to the righteous.

206 posted on 04/11/2016 4:23:17 PM PDT by JayGalt
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To: Elpasser

That’s ok, its campaign season. Let ‘em go at it, on both sides. The courts, state Secretaries of State and state elections boards and commissions will continue to have the final say.


207 posted on 04/11/2016 4:23:35 PM PDT by Nero Germanicus
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To: Bob434

Yeah. The Trumpsters are so much like the Paulbots from several years ago — blind obedience to a “Prophet.”

I get their frustration. But Jeez, do we always have to have a circular firing squad?


208 posted on 04/11/2016 4:25:08 PM PDT by Elpasser
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To: Strac6

I think you are confused.
Two parents, that are citizens of either type naturalized or native born, would insure a child was natural born. There is no trouble with Reagan; Nellie was born in Fulton, Illinois and his father was an American citizen as well.


209 posted on 04/11/2016 4:26:52 PM PDT by JayGalt
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To: Elpasser

Before or after he became a full American Citizen after renouncing his Canadian citizenship in 2014?


210 posted on 04/11/2016 4:26:55 PM PDT by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: eastforker

What is China’s NBC laws? This is US law that matters and only matters. All this talk about dual citizenship is just a ruse (unless he actually as an adult took a passport and traveled on it or voted in another country...then we’d have an issue).

Any nation can determine its own citizens. If China wants to say Trump is their President they can do that. So by your logic if China really doesn’t want Trump to be the US President all they need to do is declare him a citizen of China and their communist party chairman. Now Trump has dual citizenship and no longer only US. See how silly that is?

I recommend you stay focused on Cruz NBC via his mother. Either that passed US citizenship to him or it didn’t. If it didn’t how did he become a US Citizen? If it did pass US citizenship then he’s NBC unless you can show me his naturalization papers. Pretty simple really.

And yes I evolved to this position while the Obama conspiracy was going on. To me the one thing that we could have gotten Obama on is if he ever used a foreign passport or took out of country college aid/tuition. That would mean as an adult he claimed another countries citizenship. Same goes for Cruz—if you have evidence of this please present it.


211 posted on 04/11/2016 4:28:29 PM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: JayGalt

Sorry, I’m just not into judging other folks’ religious beliefs.

I’m glad you are morally superior and able to do so.

I do know that Rafael Cruz, like so many of his generation, are ardently anti-Communist and love this country. And I say that’s fantastic.


212 posted on 04/11/2016 4:29:19 PM PDT by Elpasser
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To: JayGalt

[[A real American patriot who couldn’t be bothered to become a citizen for 48 years after he left Cuba.]]

Can you please point to a time when He ‘became a citizen’ in your opinion? Point us to the naturalization process he underwent to become a citizen if he ‘didn’t bother to become a citizen for 48 years’ in your words? At some point, he must have applied for, and received a hearing to become a citizen through the naturalization process that foreigners must go through to become citizens- Surely there is documentation of this naturalization process if he ‘didn’t bother to become a citizen for 48 years’- or do you contend he still isn’t a citizen? If he wasn’t a citizen at birth, when did he become a citizen?


213 posted on 04/11/2016 4:30:03 PM PDT by Bob434
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To: Bob434

I think he was talking about Ted’s dad, not Ted...


214 posted on 04/11/2016 4:31:24 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative

could be, if so, my mistake-


215 posted on 04/11/2016 4:34:46 PM PDT by Bob434
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To: CA Conservative; JayGalt

Yup- you’re right- I blanked it on the ‘left cuba’ for soem reason-

Disreagsrd my post Jay- my mistake


216 posted on 04/11/2016 4:36:10 PM PDT by Bob434
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To: 2nd amendment mama; little jeremiah

Sorry - I didn’t realize that I was supposed to read all the way back through the replies. But in so doing I see that he was responding to a post (#40) that stated that Ted’s father was Canadian at the time of his birth. Which as far as I can tell he wasn’t to due his less than five years in Canada at the time. He became a Canadian citizen after Ted’s birth, and was a Cuban citizen at Ted’s birth.

Just trying to clarify when Ted’s father became a citizen. Which would be critical in determining when Ted’s mother could have become a citizen based on the minimum time requirements residing in Canada and/or being married to a Canadian citizen.


217 posted on 04/11/2016 4:38:50 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts It is happening again.)
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To: Tennessee Nana

Congress can stop an ineligible person from becoming president or vice president by refusing to certify the electors of an ineligible president-elect.
You’ve got our legal system backwards. Cruz doesn’t have to prove that he is eligible, challengers have to prove that he is ineligible.

Cruz’s attorneys’ legal argument is based on the current law of the land which defines who is a Citizen of the United States at Birth (8 USC 1401)
https://www.law.cornell.edu/uscode/text/8/1401
and case law which says that there is no difference between a Citizen of the United States at Birth and a Natural Born Citizen.
That’s how a Pennsylvania judge just ruled: “Having extensively reviewed all articles cited in this opinion, as well as many others, this Court holds, consistent with the common law precedent and statutory history, that a ‘natural born citizen’ includes any person who is a United States citizen from birth,”—Judge Pellegrini, Elliott v Cruz


218 posted on 04/11/2016 4:39:15 PM PDT by Nero Germanicus
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To: Bob434
There is absolutely no mention of natural born citizenship in this decision; it is derivative citizenship that is discussed. In fact the court found that the defendant was not entitled to US citizenship at all and that being born in America was more important to the granting of citizenship than the role of inheritance through blood.

Principally he argues that he is, in fact, a citizen of the United States because he has derivative citizenship and that, in any event, evidence was improperly admitted at trial.

Carlos Marguet was born in Tijuana, Mexico, on November 4, 1968, to Juana Pillado, a Mexican citizen, and an unknown biological father.

Michael L. Marguet (Michael Marguet), a United States citizen, is not Carlos Marguet's biological father and was not married to Carlos Marguet's mother at the time that Carlos Marguet was born.   However, Michael Marguet was named as his father on a Mexican birth certificate filed August 22, 1973, and has held out Carlos Marguet as his own son. In an interview with a United States Immigration Examiner, Michael Marguet indicated that he wanted to marry Carlos Marguet's mother and had registered Carlos Marguet as his own child so that both of them could immigrate to the United States and live with Michael Marguet. However, he said, Carlos Marguet “was not his real child.” On the date of the interview, Carlos Marguet became a lawful permanent resident.

“American statutory law has consistently recognized the rights of American parents to transmit their citizenship to their children.” (Breyer, J., dissenting). The majority opinion went on to note that “ever since the Civil War, the transmission of American citizenship from parent to child, jus sanguinis, has played a role secondary to that of the transmission of a citizenship by birthplace, jus soli.”  

219 posted on 04/11/2016 4:39:53 PM PDT by JayGalt
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To: dragnet2

No, I mean it is standard practice for the defense to attempt to get a case dismissed for lack of standing if there is not a unique injury or no relief that the court can grant.


220 posted on 04/11/2016 4:49:30 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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