Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 401-402 next last
To: jospehm20

If Canada did not acknowledge dual citizenship, why did Cruz have to revoke his Canadian citizenship in 2014? Would that not have been unnecessary?


61 posted on 04/11/2016 1:18:09 PM PDT by nclaurel
[ Post Reply | Private Reply | To 53 | View Replies]

To: jospehm20

The 1946 Act has a section that deals with children born in Canada who are also citizens of other countries.

“Part III Section 17. (1) Where a natural-born Canadian citizen, at his birth or during his minority, or any Canadian citizen on marriage, became or becomes under the law of any other country a national or citizen of that country, if, after attaining the full age of twenty-one years, or after the marriage, he makes, while not under disability, and still a national or citizen, a declaration renouncing his Canadian citizenship, he shall thereupon cease to be a Canadian citizen.”

They would not need this section if they didn’t recognize that children could be born with dual citizenship.


62 posted on 04/11/2016 1:18:28 PM PDT by 4Zoltan
[ Post Reply | Private Reply | To 53 | View Replies]

To: CA Conservative

No reason to waste the judges time or expose the content of the plaintiffs argument allowing defendant to prepare for argument.

Common procedure when the case is moving up the ladder to a higher court and all are aware (except novice public) of the practice


63 posted on 04/11/2016 1:20:55 PM PDT by hoosiermama (1240 (a couple extra to boot) Under budget. Ahead of schedule! Go TRUMP)
[ Post Reply | Private Reply | To 59 | View Replies]

To: RoosterRedux

I’m not a birther, but I am curious why Cruz hasn’t released all the docs on this issue. It’s hurt him with voters so there’s something being hidden. I wonder what it is?


64 posted on 04/11/2016 1:22:44 PM PDT by RedWulf
[ Post Reply | Private Reply | To 1 | View Replies]

To: BuckeyeTexan

It’s standard practice?

Oh, you mean like Goldman Sachs who was just fined 5 billion in for wide scale fraud, and not a single person goes to jail?

Got it.


65 posted on 04/11/2016 1:23:09 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
[ Post Reply | Private Reply | To 50 | View Replies]

To: RoosterRedux

If Cruz is nominated this “controversy “ will be on the news 24/7.


66 posted on 04/11/2016 1:23:20 PM PDT by I want the USA back (The further a society drifts from the truth, the more it will hate those who speak it. Orwell.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nclaurel; JohnGalt; David; patlin; Beautiful_Gracious_Skies; Red Steel; LucyT
If Canada did not acknowledge dual citizenship, why did Cruz have to revoke his Canadian citizenship in 2014? Would that not have been unnecessary?

VERY good point! Any legal guys want to comment on that?

67 posted on 04/11/2016 1:26:01 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
[ Post Reply | Private Reply | To 61 | View Replies]

To: RedWulf
The only reason is that he is hiding something.

Probably not his grades.

That leaves affirmative action admission or, even more damning, foreign student admission.

68 posted on 04/11/2016 1:26:25 PM PDT by RoosterRedux (When a man loves cats, I am his friend and comrade, without further introduction. - Mark Twain)
[ Post Reply | Private Reply | To 64 | View Replies]

To: hoosiermama
No reason to waste the judges time or expose the content of the plaintiffs argument allowing defendant to prepare for argument.

If the case gets tossed for a technical reason (lack of standing, failure to file a timely response, etc.) and then gets appealed to a higher court, the appeals court cannot hear the case on the merits - it can only hear the appeal in regard to the dismissal. The appeals court cannot rule on anything that was not already argued at the trial court level. If the dismissal is overturned, it still has to go back to the lower court for the arguments on the merits.

69 posted on 04/11/2016 1:27:44 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
[ Post Reply | Private Reply | To 63 | View Replies]

To: RoosterRedux
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.

Yeah, no one every has "standing". Even a presidental candidate, or any voter, or anyone at all, apparently.

70 posted on 04/11/2016 1:28:39 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RoosterRedux

>That leaves affirmative action admission or, even more damning, foreign student admission.

Wow, that would destroy Cruz even if he was a natural born citizen.


71 posted on 04/11/2016 1:29:54 PM PDT by RedWulf
[ Post Reply | Private Reply | To 68 | View Replies]

To: little jeremiah

I’m guessing he revoke it for appearances sake. Running for President as a Canadian citizen (even if only so recognized by America) would not be a positive thing.


72 posted on 04/11/2016 1:30:04 PM PDT by RoosterRedux (When a man loves cats, I am his friend and comrade, without further introduction. - Mark Twain)
[ Post Reply | Private Reply | To 67 | View Replies]

To: PraiseTheLord

I read she returned using her birth certificate. Who knows whether she had become a Canadian citizen or not; there is some evidence that she did. If Cruz would make her citizenship (and his) documents public, we’d all know the situation exactly.


73 posted on 04/11/2016 1:31:27 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
[ Post Reply | Private Reply | To 42 | View Replies]

To: CA Conservative

Precisely so if it doesn’t move up on merits its not going anywhere
Still will not be adjudicated on merits until it reaches the SCOTUS


74 posted on 04/11/2016 1:31:52 PM PDT by hoosiermama (1240 (a couple extra to boot) Under budget. Ahead of schedule! Go TRUMP)
[ Post Reply | Private Reply | To 69 | View Replies]

To: CA Conservative

Cruz is dead meat and a joke. He doesn’t even have a US birth certificate.

He is going to get knocked to the curb for fraud.


75 posted on 04/11/2016 1:32:39 PM PDT by dforest (Ted took your money and is laughing all the way to Goldman Sachs)
[ Post Reply | Private Reply | To 59 | View Replies]

To: Enduro Guy

We were invaded by foreigners who now want to run the whole damn place.
That means Ted Cruz types.
.
.
.
That’s what happened to us!


76 posted on 04/11/2016 1:32:56 PM PDT by MIA_eccl1212 (When you see a drowning liberal, throw them the anchor...)
[ Post Reply | Private Reply | To 15 | View Replies]

To: RoosterRedux

If Canada did not allow dual citizens, and he had a Canadian passport and birth cert (we know he has a Canadian birth cert), then he might actually be stateless at this point, after renouncing Canadian citizenship. How could he possibly have held dual citizenship at birth if such was prohibited in Canada at that time?


77 posted on 04/11/2016 1:33:07 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
[ Post Reply | Private Reply | To 72 | View Replies]

To: little jeremiah

I think you are correct about the statelessness.


78 posted on 04/11/2016 1:34:00 PM PDT by RoosterRedux (When a man loves cats, I am his friend and comrade, without further introduction. - Mark Twain)
[ Post Reply | Private Reply | To 77 | View Replies]

To: sanjuanbob
I'm surprised INS gave your son a green card. You should go for US citizenship. You'll have to produce evidence of your citizenship, your son's parentage, and other relevant facts. Birth out of wedlock requires the father to "prove" more, compared with birth in wedlock (different section of naturalization law), but if the circumstances of his birth fit the law, then by all means, get him US citizenship. He'll be a dual citizen, lots of advantages to that.

As far as eligible to run for the presidency, or hold the office, I'd say the answer to that depends on what one means by "eligible." Nobody is going to check his credentials, so in that sense, he's eligible. I don;t think you need to go any farther than that, if he's politically inclined and connected. The law is not relevant. The only things that matter are action and inaction.

79 posted on 04/11/2016 1:34:25 PM PDT by Cboldt
[ Post Reply | Private Reply | To 51 | View Replies]

To: PraiseTheLord; Flavious_Maximus

It is common and public knowledge Cruz Sr was a Canadian at the time of Cruz Jr’s birth. His mother’s citizenship status is unknown until relevant documents are produced. Someone “saying so” means nothing, nada, squat, zero.


80 posted on 04/11/2016 1:34:57 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
[ Post Reply | Private Reply | To 40 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 401-402 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson