N.J. judge hears challenges to Cruz eligibility

philly.com ^ | Maddie Hanna

[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.

[Nero Germanicus]

The courts have ruled that anyone who qualifies as a Citizen of the United States at Birth also qualifies as a Natural Born Citizen. Chester A Arthur’s father William Arthur (an immigrant from Northern Ireland) became a U.S. citizen in 1843 when his son Chester was 14 years old. Chester went on to become Vice President and then President.

The current law, 8 USC 1401:
The following shall be nationals and Citizens of the United States At Birth:
(g) a person born OUTSIDE the geographical limits of the United States and its outlying possessions of parents one of whom is an ALIEN, and the other a CITIZEN OF THE UNITED STATES who, prior to the birth of such person, was PHYSICALLY PRESENT in the United States or its outlying possessions for a period or periods totaling not less than FIVE YEARS, at least TWO of which were after attaining the age of FOURTEEN YEARS: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

[ROCKLOBSTER]

Cruz's daddy was a Cubanadian.

Correction, he was a Cuban. Ted is a Cubanadian®.

[walkingdead]

So you believe King George’s plus American womans love child would have been eligible?

Secondarily do you believe the natural born clause was a protection to the highest office in the land?

[Nero Germanicus]

The exact same process was used in an Obama challenge, even the same judge (Masin). The challenge was Purpura & Moran v Obama. There was a trial on the merits. (A You Tube video of exceprts of that trial is still available for viewing). Masin ruled Obama eligible, the plaintiffs appealed to the Superior Court which upheld Masin’s ruling and the Secretary of State certified Obama for the New Jersey ballot.
There was no kicking the can down the road though. Judge Masin made a definitive ruling:
“No court, federal, state or administrative, has accepted the challengers’ position that Mr. Obama is not a “Natural Born Citizen” due to the acknowledged fact that his father was born in Kenya and was a British citizen by virtue of the then applicable British Nationality Act. Nor has the fact that Obama had, or may have had, dual citizenship at the time of his birth and thereafter been held to deny him the status of natural born. It is unnecessary to reinvent the wheel here. … The petitioners’ legal position on this issue, however well intentioned, has no merit in law. Thus, accepting for the point of this issue that Mr. Obama was born in Hawaii, he is a ‘Natural Born Citizen’ regardless of the status of his father.” April 10, 2012
http://www.scribd.com/doc/88936737/2012-04-10-NJ-Purpura-Moran-v-Obama-Initial-Decision-of-ALJ-Masin-Apuzzo

[BagCamAddict]

So who WOULD have standing in such a case?

[ROCKLOBSTER]

McCain had to have Congress pass a resolution in order to make sure he could run for president.

Actually he didn't have to as he was born in a US Protectorate to citizen parents (two). No matter what they proclaimed, Congress cannot change the definition for presidential eligibility with a mere resolution, or even a statute...it would need to be a ratified Constitutional Amendment.

Ted Asked. The Senate said NO.

Probably because they know damn well he isn't.

[walkingdead]

I have one more question for you in addition to the ones above. Ted Cruz as we all know was born in Canada to an American mother and a Cubanadian father. If his mother had been Canadian then there is no way he is NBC right?

My problem is this. I Believe natural born citizen means born of two American citizens on American soil. Obama had two pieces but not all three, now here is Cruz and he only has ONE of the puzzle pieces.

There is an effort under way to dilute or destroy the natiral born clause. We would do well to keep it as it is the greatest protection to the highest office in the land.

[ROCKLOBSTER]

TEN U.S. courts or commissioners have ruled on challenges against Cruz’ eligibility for president and ALL have ruled in his favor.

Of course Obama's RAT-courts will rule that way.

[little jeremiah]

Agreed 100%.

[BagCamAddict]

All these cases have been challenged/thrown out based on "standing" of the petitioner. So if the previous petitioners don't have standing, who WOULD have standing to bring such a case?

Here's an audio interview with 85-yr old Attorney Newton Boris Schwartz, re suit he has brought in Texas re Cruz's eligibility:

Audio Interview with Attorney Re Texas Challenge to Cruz's Eligibility

Here is the pdf to the court filing in the case:

PDF of Court Filing in Case of Schwartz v. Cruz

[little jeremiah]

There are two sides to every argument.

Not necessarily two valid or equal sides. Sometimes one side is wrong and the other side is right.

Not everyone sees it that way, and certainly not all the Founders saw it that way.

Yes, some people see wrongly. And if any of the Founders didn't want the NBC clause to exist, or thought it meant something else, that is a well hidden little bit of history that is now meaningless.

[BagCamAddict]

Probably 1 minute after the first vote at the Open Convention, Paul Ryan will take the podium and announce:

"It has come to our attention that Ted Cruz is not eligible to hold the office of President of the United States, therefore, we are going to have to eliminate him from the second ballot."

At that point, John Kasich will take the microphone and say, "Hey everyone, remember me??"

[Strac6]

By the same authority that the Supreme Court sued when it ruled that it had the power to rule laws unconstitutional.

[Nero Germanicus]

The other candidates can meet the criteria for Article III standing because they can demonstrate DIRECT injury-in-fact from an ineligible opponent: Trump and Kaisch would always have standing to bring an eligibility lawsuit. They could even be lead plaintiffs with other citizens (registered Republican primary voters).

[Strac6]

Remember Churchill’s “Because I am a Great Man” justification.

no not me, rather Mr. Churchill :)

[Ray76]

What?

[Ray76]

The Supreme Court has nothing to do with the question.

By what authority does Congress impose the requirement that Cruz “come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously present in the United States for at least five years”?

[Nero Germanicus]

Except none of the rulings have been in federal court so Obama has nothing to do with them and why would Obama want to help Cruz?

Donal Trump is the candidate who donated $100,000 to the Clinton Foundation; donated to Hillary Clinton’s Senate campaigns and invited Bill and Hillary to his third wedding.

[little jeremiah]

Strac6 is so smart he talks above the lowly heads of us peons.

[Strac6]

I have already answered your question: Because they said they could.

As reference, there is no provision in the USC for SCOTUS to decide a law was unconstitutional. They simply decided they could. In Hylton v. United States and Marbury v. Madison, SCOTUS gave itself that right.

In the current law on NBC, AS IN EVERY LAW, there is an assumption that every passed and signed bill is a constitutional law, unless challenged in the courts and found unconstitutional.

Sorry, but Congress and SCOTUS override your personal objections. It’s called The Rule of Law.