As we’ve covered before, both
Senators Ted Cruz (R-TX) and Marco Rubio
are both for the office of President under the Constitution’s demand that a
person must be a natural born citizen. A lawsuit was filed in November that
seeks to remove both men from the ballot.
I’m not going to go back over the
understanding of how one comes to the understanding of what a natural born
citizen is. I link to them throughout the article and they are tied to what our
founders read and wrote as the founding of the united States took place.
The complaint was filed by H. Brooke
Paige in the H. Brooke Paige vs State of Vermont Secretary of State. James
Condow lawsuit. Paige has no attorney, but has put forth the argument in a 45
page document and currently seeking signatures to get on the primary ballot.
Interestingly enough, Cruz was never
challenged when he ran for Senate in 2012 and he never disclosed that he was a
citizen of Canada during that time, an act some have said is a commission of
fraud under both Texas and US Election law.
According to Dr. Rich Swier, “No one
can say for certain, but I think it is a very fair guess, that had Ted Cruz
disclosed to Texas voters in 2012, that he had always been and remained at that
time a legal citizen of Canada, his Republican opponent, Lieutenant Governor
David Dewhurst, would have won that race and become the next U.S. Senator from
Texas.”
That’s probably true. And fellow
Texan Devvy Kidd adds that the lawsuit will bring about two things:
1. Standing will be challenged and;
2.
like so many other decisions by
gutless cowards wearing black robes, the argument will be made it’s not the job
of a Secretary of State to verify eligibility
Are we really to believe number 2?
“I guess anyone can simply send in a form and get on a ballot for any office no
matter who they are or even if they meet requirements for that office.
Unfortunately no one challenged Cruz here in Texas,” writes Kidd. “This one got
by most of us: Ted Cruz is in the US Senate illegally
While many understand that Marco
Rubio is nothing more than an anchor baby, for some Ted Cruz is a bit of a
different animal.
They like many things he has said
and his stands on certain issues. I have been one of them. However, the fact is
that according to documents that Congress issued within two years of the
Constitution, we know that one must have parents (plural) who are citizens in
order to be considered natural born citizens.
Most of the time, I fail to hear any
real argument to the eligibility of Rubio, but Cruz is a different story. The
line goes similar to those who cover for Barack Hussein Obama Soetoro Sobarkah
that his mother was a citizen and yada, yada, yada. But I reject that just as I
do Cruz.
Others claim, “Well if Obama can do
it so can we.” As if one lawbreaker is license for you to break the law! Fools!
One man’s lawlessness does not justify continuing to ignore and violate the
Constitution just because the guy wearing your team’s jersey is doing it!
These people do the same two step
that Cruz did in an encounter with Texas Tribune’s Patrick Svitek, in which
Svitek said, “I’m sure you’re aware that the Constitution requires the
president to be a natural-born citizen, Don’t get this wrong – I’m supporting
your candidacy – but I hope this doesn’t become an issue for you.”
“I have never breathed a breath of
air on the planet Earth where I was not an American citizen,” Cruz responded.
Did you catch that? It’s sort of
like, “It depends on what the definition of ‘is’ is.” Cruz did not admit to
being a natural born citizen, but to being an American citizen. Well, so is
every naturalized citizen. So?
I discovered a great piece by Bruce
McKay in which he writes: There’s ample
indication, however, that members of the US Supreme Court have consistently
taken the position that foreign born children of US citizens who acquire their
citizenship by means of Congressional enactments are considered by members of
the Court to be “naturalized citizens.”
His evidence? He points to two court
cases: Montana v. Kennedy and Rogers v. Bellei.
“In the case of Montana v. Kennedy, the facts of the case were that
Mauro Montana was born in Italy in 1906 to a father who was an Italian citizen
and a mother who was a native-born US citizen,” writes McKay. “His mother
brought him to the United States the year following his birth, he was never
naturalized, and he resided in the US until he was ordered deported as an
alien. His case came before the Supreme Court in 1961 which held that Mauro
Montana was not a US citizen.”
He then wrote, “By contrast, in the
case of Rogers v. Bellei, the facts of the case were that Aldo Bellei was born
in Italy in 1939 to a father who was an Italian citizen and a mother who was a
native born US citizen. Further listed as a fact in the case opinion was that
he ‘acquired United States citizenship at his birth under Rev.Stat § 1993, as
amended by the Act of May 24, 1934, § 1, 48 Stat. 797, then in effect.’ (The
issue before the Court was whether Bellei was subject to losing his citizenship
because he hadn’t fulfilled the statute’s residency requirements, but the point
is that the Court considered him to be a citizen.”
The only difference between the two
individuals was the Rev. Stat § 1993 that passed in 1934 and allowed for
transfer of citizenship to be conferred to children of US citizen mothers.
Previously, it had only allowed fathers to transfer citizenship.
McKay goes further to point to
another case in a lengthy discourse that is worth the read. However, he comes
to the conclusion that Cruz acquired his citizenship in a similar manner to
Bellei.
He then asks the most pressing
question, “If a natural born citizen today is the same as a natural born
citizen was in 1788, and if someone whose nativity circumstances matching those
of both Aldo Bellei and Ted Cruz wouldn’t even have been a citizen until 1943,
how, then could Ted Cruz be considered to be a ‘natural born citizen?’ Answer:
He couldn’t.”
And this is what both of these men are
up against. If the people had dealt with the usurper-in-chief instead of, in
the infamous words of Oklahoma Representative Markwayne Mullins is not “giving
a sh’t”, then we would not be at this crossroads where people who claimed to be
Constitutional are more than willing to violate the Constitution so their guy
can get in. It’s complete lawlessness!
I think Paige will have a pretty
good stand in all of this, since there is a clear presentation of what is a
natural born citizen.
Courtesy of Freedom Outpost
Comments
If this
lawsuit results in finally defining “natural born citizen:” to require that
both parents be US citizens at the time of birth, then will Obama be declared
to have been ineligible ?
In the
current case, the loss of Cruz would be bad for the conservative cause. If we
didn’t have Trump, we would be in trouble.
Rubio is a RINO and would be no loss.
I would
like to see Democrats held accountable for all the damage they have done since
2008. I would like to see Republicans held accountable for all the damage they
have done since 1989. All bad laws need
to be repealed.
Norb
Leahy, Dunwoody GA Tea Party Leader
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