Victor Williams et al v Ted Cruz, New Jersey eligibility challenge, Judge Jeff S. Masin ruling, Cruz can stay on ballot, Meaning of Constitutional term “natural born” is a very legitimate subject of legal and historical debate and by no means a frivolous matter

Victor Williams et al v Ted Cruz, New Jersey eligibility challenge, Judge Jeff S. Masin ruling, Cruz can stay on ballot, Meaning of Constitutional term “natural born” is a very legitimate subject of legal and historical debate and by no means a frivolous matter

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

 

Judge Jeff S. Masin ruled today that Ted Cruz can stay on the New Jersey primary ballot.

However, in today’s ruling he left open the door for a definitive ruling by the US Supreme Court and stated that the  meaning of Constitutional term “natural born” is a very legitimate subject of legal and historical debate and by no means a frivolous matter.

From the ruling:

“Before discussing this challenge in detail, it is perhaps appropriate to note that
the issue of the meaning of the Constitutional term “natural born” is a very legitimate subject of legal and historical debate, and whatever the outcome of the issue and its impact on the current Presidential campaign, it is by no means a frivolous matter. And, as has been noted by several scholars and commentators on the issue, it involves a difficult examination of historical and legal materials which can be seen, to quote one writer, as “mysterious and ambiguous.” “Nelson, The Original Meaning of “Natural  Born,” (Revised, The Originalism Blog, Center for the Study of Constitutional Originalism 2016).

As of the time of this writing, as far as I have been able to determine, only one
court has decided this issue on its merits.3

While challenges to Senator Cruz’s eligibility based on the “natural born” issue have been filed in a number of states, only the Commonwealth Court of Pennsylvania has decided the question on its merits, in a
decision authored by Senior Judge Pellegrini, filed on March 10, 2016. Elliot v. Cruz, No. 77 M.D. 2016 (Commonwealth Court, March 10, 2016). Judge Pellegrini determined that Senator Cruz was eligible to appear on Pennsylvania’s Republican primary ballot, finding that he met the criteria of “natural born Citizen.” On March 31, 2016, the Pennsylvania Supreme Court affirmed the Commonwealth Court’s decision, without discussing the merits of the issue. Elliot v. Cruz, J-56-2016. Thus, Judge Pellegrini’s ruling appears to be the sole judicial analysis of the question in the context of the current election cycle and the debate over Senator Cruz’s status. The United States Supreme Court has never addressed the “natural born Citizen” question in the context of eligibility for the Presidency. However, at least recently, several law professors and commentators have considered the question and written, in some cases
extensively, on the meaning of the phrase. Judge Pellegrini discussed some of these writings in his opinion, while alluding to others.4 Of course, the Pennsylvania decision is not in any manner binding on the New Jersey Secretary of State or the New Jersey Judiciary. As such, this decision will consider both that ruling and the positions  expressed by legal analysts, who in some cases would entirely disagree with the Pennsylvania outcome.”

“CONCLUSION

As demonstrated above and in the thoughtful examinations of the scholars whose materials are mentioned herein, it must be acknowledged that the arguments against finding a child born outside the United States to a non-diplomat or non-military citizen of the United States are not facetious and the issue can never be entirely free of doubt, at least barring a definitive ruling of the United States Supreme Court. While absolute certainty as to this issue is only available to those who actually sat in Philadelphia and themselves thought on the issue, having weighed the arguments as they are presented by those trying to understand the Framers’ intent, I CONCLUDE that the more persuasive legal analysis is that such a child, born of a citizen-father, citizenmother, or both, is indeed a “natural born Citizen” within the contemplation of the Constitution. As such I CONCLUDE that Senator Cruz meets the Article II, Section I qualifications and is eligible to be nominated for President. His name may therefore appear on the New Jersey Republican primary ballot.”

http://media.philly.com/documents/Judge’s+ruling+Ted+Cruz+to+remain+on+NJ+ballot.pdf

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36 responses to “Victor Williams et al v Ted Cruz, New Jersey eligibility challenge, Judge Jeff S. Masin ruling, Cruz can stay on ballot, Meaning of Constitutional term “natural born” is a very legitimate subject of legal and historical debate and by no means a frivolous matter

  1. citizenwells

    “Why does a judge swear to discharge his duties agreeably to the
    constitution of the United States, if that constitution forms no
    rule for his government? if it is closed upon him, and cannot be
    inspected by him?”… Marbury versus Madison

  2. And if Cruz’ mother was a Canadian citizen where does that leave us, Judge?

  3. How does a Judge render a decision without evidence of documents?

    Ted Cruz should be made to put forth to the court his birth certificate

    According to Canada Law Ted Cruz’s Mother may have lost her American Citizenship when she married her first husband who was a Canadian Citizen

    Which after 1 year of marriage Ted Cruz’s Mother was a Canadian Citizen at the time of Ted’s birth

    Where are the judges with guts?

  4. CW……..
    ………..which when translated the judge just kicked the can down the road. Confirms what I expected.

  5. …………OUR CONSTITUTION HAS BECOME A FIGUREHEAD.

  6. hocuspocus13……
    ……….no American judge will ever find against his BOSS. All the male judges have been neutered by the playground bully! All the CHEAP LOOKING BLEACHED BLONDS all have hot bodies for Soetoro.

  7. we need someone to unseal his papers he might not be able to be a senator never mind the president ?

  8. Judge Jeff S Masin ruling…Cruz can stay on the ballot??
    Deja Vu all over again…disgusting!
    ————————————————————
    In December 2008, attorney Leo Donofrio filed a challenge in New Jersey to keep a pair of con men off the ballot for presidential preference: John McCain, Barry Soetoro aka Obama. Leo was not denied because of standing. Not to rehash years of litigation, but Leo ended up petitioning the U.S. Supreme Court who hid behind their dirty black robes. The ‘high’ court refused to hear one of the most important legal issues of our time: presidential eligibility.

    Shenanigans by clerks at the U.S. Supreme Court should have prompted an investigation by Congress, but of course, that never happened. Justice Clarence Thomas disgraced himself when he stated during a congressional subcommittee hearing regarding presidential eligibility: “We’re evading that one.” Everyone, including Thomas, all laughed. Ha, ha.
    ——————————————————————-
    In retrospect
    Let me see if I correctly have the qualifications for President of the United States.

    1. Can be born anywhere, have a mother and father and can be an alien or bastard.
    2. Must be a good liar and bullshitter.
    3. Must be able to conceal your personal records.
    4. Must be able to confuse people and make promises you’ll never keep.
    5. Must spend money and increase the National debt.
    6. Be able to write executive orders that ignores congress and the Constitution.
    7. Etc., Etc.

  9. Ginger,

    Don’t believe everything you read on the Internet; The Onion is satire.

    https://en.wikipedia.org/wiki/The_Onion

  10. “The Act of March 26, 1790 (1 Stat 103) provides in pp 104: “And the children of citizens of the United States that may be born beyond the seas, or out of the limits of the United States shall be considered as natural-born citizens.”
    In Osborn v. Bank, 22 US (9 Wheat) 738, l.c. 827, Chief Justice Marshall said:

    A naturalized citizen is indeed made a citizen under an Act of Congress, but the Act does not proceed to give, to regulate, or to prescribe his capacities. He becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national legislature, is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it, so far as regards the individual. The Constitution then takes him up, and, among other rights, extends to him the capacity of suing in the Courts of the United States, precisely under the same circumstance under which a native might sue. He is distinguishable in nothing from a native citizen, except so far as the Constitution makes the distinction. The law makes none.”

    “Thus the Act of March 26, 1790 would be unconstitutional if it attempted to enlarge the rights of a naturalized citizen to be equal to those of natural-born citizens under the Constitution.”

    ” I find no proper legal or historical basis on which to conclude that a person born outside of the United States could ever be eligible to occupy the Office of the President of the United States. In other words, in my opinion, Mr. George Romney of Michigan is ineligible to become President of the United States because he was born in Mexico and is, therefore, not a natural-born citizen as required by the United States Constitution.
    …Pinckney G. McElwee”

    There is a lot more to this article, everyone should read.

    http://giveusliberty1776.blogspot.com/2016/04/sorry-tedyou-can-never-ever-be-natural.html

    http://giveusliberty1776.blogspot.com/

  11. This Judge has joined the ranks of the ignorant. The US Supreme Court HAS ruled on what a “Natural Born Citizen” is. One born IN the US to 2 US Citizen Parents. His choosing to ignore this fact is malfeasant.

  12. SueK… Thank You… I shall mark that one off my list.

  13. oldsoldier80

    This sick bastard needs to take a long, very long, walk off a short pier !!!

    George Soros is one of the individuals most responsible for Europe’s downfall, followed closely by Canada, and then the ‘crown jewel’, the United States being overrun by unknown Islamist’s that will occur through his personal efforts, politicking, and strategic bits of financing.

    He’s now gone on record as stating that there is a necessary financial commitment on the part of the EU member nations, as well as an agreement, to allow up to 500,000 Islamists per year (for an undetermined number of years), with all of their negatives and large families, , to occupy territory within the various member states of their choice in Europe.

    Now what gives this f*&%$#g idiot the right to place such demands on any civilized nation of Europe that has fought the Islamic invasion over the centuries, but now is accepting these goat herders by the hundreds of thousands?

    Soros is going even further to state that a huge cash injection is vital in order to prevent the collapse of the EU.(in other words, give them money and they won’t rape, pillage, and burn your villages and towns).

    We can hope Soros is correct in his observations the cash injection will NEVER ever come, but we know it will. The EU and the upcoming usurpation of the American government under its equivalent tie, the TPP are complete and unmediated ‘train wreck’ disasters coming down the road at us.

    Europe is a much better and civilized place as a Aryan continent than it could ever hope to be as an Islamic imposed enclave, where ‘chopping off heads’ would be a daily occurance.

    Soros stated that the EU MUST spend a minimum of $34 billion a year, and they MUST accept 500,000 “migrants” every year in order to avoid “the EU being torn apart by the refugee crisis.”…Well ‘asshole, , that’s exactly what is tearing the European continent apart in the first place….the acceptance of a people who do not acknowledge the existence of countries that have been Christian nations for as long as they have existed..

    However, there is another way the refugee crisis can be avoided, by meeting an the islamic invasion of brutal force with a stronger Christian brutal force. Whether by gunboats, a blockade, bullets and bayonets, or whatever will be needed to turn these Muslim invaders around it MUST be done,…… if Europe is to survive as a Christian continent..

    George Soros, the destroyer, and his evil comrades are counting on the passive nature of the European people as their ‘Achilles heel’ through which he will encourage and finance the Muslim invasion and the destruction of all that was good..

    The people of Europe must surprise the destroyer and his Muslim invaders, show that bastard your spine, and show the Muslims you fortitude,… resist, resist…. resist…….or surrender. You have a choice in the matter, execute that choice.

    The UN globalists, and the One-World freaks love to talk about “sustainability,” and use it as a tool in their destruction of the civilized world.

    They need to be told and shown, unequivocally, that paying the Muslims extortion money and bowing to their demands through Turkey, or any other corrupt government which the criminal George Soros, and his EU partners are in league with, is not sustainable and it’s NOT going to happen …. …….period.

    Let Europe be Europe and get the people of Europe be brave and grow a set of balls necessary to send those invaders back where they came from…..Damn this politically correct bullsh*t which is being forced and pushed upon every nation of the world by Soros and the UN……..

  14. oldsoldier80

    COMING TO CHARLOTTE NORTH CAROLINA…..(well maybe)

    If Governor McCroy caves this may be acted out in one of the “all gender’ public, or private restrooms in the “queen city” of NC…..now you may take the term Queen City in any manner you wish….drag queen, beauty queen, make believe queen, etc……lol
    But here is a reminder of what lies ahead in this ‘HB2 el crapo game’ !!!!
    ———————————————————————————————-

    A Palmdale, California, man “wearing women’s clothing”….(for those who haven’t figured this out yet, he was an acting transvestite) was arrested in a Lancaster Macy’s store after he was seen in a women’s bathroom. The man was allegedly videotaping women in the bathroom stalls.

    Jason Pomare, a Mexican, 33, was arrested over the weekend after mall security officers learned he had been hanging out in a Macy’s department store women’s bathroom. The security guards contacted a Los Angeles County Sheriff’s Department (LASD) deputy who found the cross-dressing man in a mall storage area, NBC Los Angeles reported.

    When Pomare was contacted, he was wearing a wig and women’s clothing, including a bra, a statement from the LASD revealed. “The deputy noticed he was wearing a wig and appeared to have breasts,” LASD Sergeant Brian Hudson told the Los Angeles news outlet.

    While searching the suspect, the deputy discovered a video camera in his purse. The camera allegedly contained hours of women using the bathroom inside the store.

    Witnesses told police that Pomare would conceal the camera in bathroom stalls. The woman who contacted store security noticed the “recording light” on the camera. It appears Pomare was in the bathroom for around two hours, Hudson told the reporter.

    On Tuesday, Pomare was formally charged with six counts of unlawful use of a concealed camera for purposes of sexual gratification. The charges are misdemeanors under California law. If convicted, Pomare could face up to 6 months in the county jail and a fine of up to $1,000 on each count. His criminal record was not released, but if he has a prior conviction on this charge, the penalties would double.

    It is not clear if Lancaster has a “bathroom ordinance” like the one defeated in Houston last year where men would legally be allowed to enter women’s bathrooms and locker rooms. Breitbart Texas’ Lana Shadwick covered the defeat of that ordinance in Houston. Pomare was not charged with any offenses related to being in the women’s bathroom other than the illegal filming. ( Well a lot can be said about Texans, but apparently they are not stupid enough to let their women inside a public restroom with a ‘PRETEND WOMAN””)

    In October 2015, Breitbart Texas reported on an illegal Mexican alien who was caught filming women in a Walmart bathroom in San Angelo, Texas. Jose Santos Argueta was sentenced to 270 days in jail and was subsequently turned over to Immigration and Customs Enforcement for deportation. Sounds like a quick way to get a free ride back to the homeland……

    This also makes me wonder, “is this only a Mexican thing, or will other ethnic races also be involved?”

    Anyway, I have always been told way back in my ancient history that………”an ounce of prevention is worth a pound of cure”.

    Anyway, that last tidbit was directed toward the mayor of Charlotte…..if such does occur in the Queen City, will said mayor take responsibility for such actions?……I doubt it,… perhaps she will just blame it on the water !

  15. oldsoldier80………
    ………according to MANY of our young people the bathroom pervert is really C-O-O-L, (IN THEIR OWN LANGUAGE)………OTHERS(POLITICALLY CORRECT LUNATICS) BELIEVE THAT SUCH A TWISTED BASTARD IS A NORMAL PERSON. Many of such people also hold high public office………..and most are filthy minded, and otherwise sick LIBERAL HALFWITS………….but keep in mind they ALL are really…..C-O-O-L.

  16. I love tis….. It should had been done earlier … so Mr. Trump would know the TRAITORS!

    http://www.bizpacreview.com/2016/04/13/roger-stone-just-called-for-trump-supporters-to-do-this-to-avoid-the-big-steal-328607

  17. oldsoldier80
    ………….I have read that such people are into nearly every perverted sexual act conceivable, and usually includes fornication with animals. Such people are seen by the LIBERALS as NORMAL? Tells a sad story about the mentality of our politically correct LIBERAL AMERICANS doesn’t it. This is in part the primary reason why I am now thinking America is ALREADY LOST. The good news is that many of these sick twisted freaks will die off EN MASSE resultant of the untreatable diseases which they contract, and many others resultant of diseases which they have been infected with for a very long time. Perhaps the stark reality of such a massive die off will strike into the minds of wannabe practitioners, and they in turn will eject the sick twisted stuff from their minds, including homosexuality, which is a MENTAL ILLNESS! Virtually every imaginable act which is done by human hand comes back to a common juncture where it has it’s origin…………WITHIN THE HUMAN MIND!.

  18. Ginger……….Re:12:25
    ………….I read the article written by John Binder. I tend to believe that while signing pledges of loyalty, might help it also introduces a reciprocal mindset which might end up being a big problem for Trump. At this point in time ANYTHING Trump does no matter how seemingly trivial, the possible resultant ramifications must be carefully weighed. In a NEAR TERM sense he has a good idea……..but watch out down stream. In reality there should never be binding agreements while sailing upon an adverse political sea.

  19. ………In my prior comment I might have inadvertently implied that the loyalty pledge was called for by John Binder. He is only the writer of the story, in actuality the loyalty pledge was called for by Roger Stone.
    Such is sometimes the sort of mistake which happens when an amateur writes a viewpoint. If anyone wants an apology you have it.

  20. citizenwells

    “An open message to NJ LtGov Kim Guadagno | from CDR Charles Kerchner (Ret)

    I have read Admin Judge Masin’s decision. It is flawed. The “natural born Citizen” term in our U.S. Constitution was put there for national security reason as to who could be Pres and Commander in Chief of our military once the founding generation was gone. They knew the term meant a person with sole allegiance to the country at birth. Not just any sliver or partial allegiance such as being born a dual citizen or tri-citizen as Ted Cruz was. Ted was born with Canadian citizenship by soil, Cuban citizenship from his father, and U.S. citizenship via his mother if she had not at some point renounced that and became a Canadian citizen to register to vote up there, which she did. How is allowing a tri-citizen at birth to be eligible to be Pres and CinC a “strong check” against foreign influence in that office, as founders and framers John Jay and George Washington intended it to be. A natural born Citizen is one born with sole allegiance and singular citizenship to the USA and only the USA by being born in the USA to parents who are both citizens (born or naturalized citizen parents but citizens) when their child was born. ”

    https://cdrkerchner.wordpress.com/2016/04/13/an-open-message-to-nj-ltgov-kim-guadagno-from-cdr-charles-kerchner-ret/

  21. NC bathroom creep!

    Displays the incompetence of government, and government overreach.

    http://wp.me/p14vwx-3Sp

  22. oldsoldier80

    ………………………….A WEEKEND AT BERNIE’S…………………………………

    .https://www.facebook.com/RAWCONSERVATIVE/videos/1543684765932674/
    Here’s Bernie’s campaign song,,,it’s all free at Bernie’s

  23. From the link post by bob above –
    “In 1998, Sevearance worked as a youth minister and in that capacity allegedly lured younger men to his apartment to spend the night where Severance showed them pornography and tried to talk them into sex. One boy testified that he woke up to find Severance “fondling him.” Severance was convicted on one charge of sexual molestation of a minor.”
    ————————————————————————
    This points out the need for the law to protect male children from homosexual males using the public facilities designated for the male gender. The North Carolina law only protects female children from heterosexual males using the public facilities designated for the female gender. I would call on people to raise this issue with the NC governor and legislature to extend the law to protect the privacy and safety of male children.

  24. oldsoldier80

    Is that Edwaardo (aka Ted) Curz’s Cuban daddy passing out pro-Castro leaflets in New Orleans before John kennedy was assissinated in Dallas?

    My money says it is……

    And by the way, all this garbage about Curz’s mom being an America citizen when he was born is just that…G A R B A G E….she was as Canadian as that damn red maple leaf of Canada. I know, because I have seen her and her husbands VOTING record in the 1974 national election in Canada….

    At the time little Teddy was born, Canada had a law that said ONLY Canadian citizens could vote in any Canadian election…period….

    So, let’s review the situation;

    1970 little Teddy is born in Canada to a Cuban father who was a naturalized citizen of Canada. Teddy’s mother was and American born woman who gave up her citizenship and accepted Canadian citizenship so she could get all those ‘bennie’ in Canada and have the right to vote in their elections as proven by the voter rolls of 1974 in the district where she lived…..

    So would someone please tell me how our much beloved ‘little Teddy’ can be declared a “natural born’ citizen of America from a naturalized Cuban refugee to Canada, and a mother who gave up her American citizenship and accepted Canadian citizenship……

    To my understanding and most people who have the ability to count to five, that makes Rapheal Edward Cruz (aka Teddy) a red and white(that’s the colors of that leaf) true patriot, and a “natural-born” citizen of our northern neighbor, CANADA…..and most certainly not the United States of America…..

    Soooooo, why don’t Ted get his location correct and go back to his “Homeland” of ‘Oh Canada’ and run for office there? We have enough problems with foreigner’s from Kenya and other places here in America.

  25. oldsoldier80

    p.s…..Ted’s Canadian father is the person to the far left in this picture…..the one with the black tie showing….Oswald and Cruz both worked for the CIA as operatives then…..Oswald didn’t live to tell about his experience. Cruz just denies it.

  26. oldsailor83….
    I agree! Donald Trump must not trust no one. His meeting with Megyn Kelly bothers a lot of us. No word of why she went to his Trump Towers. I feel a set up or did she finally get her interview. Fox News I hear their ratings has taken a nose dive.

  27. oldsailor83
    What do you think of Roger Stone?

  28. Maybe this is a shot across the bow of the RNC.
    *****************

  29. Bob Strauss………
    ……….anyone who trusts Reince Priebus is a FOOL, of the highest order, and YES it is illegal to tape what a person says WITHOUT THEIR KNOWLEDGE. Our best hope is that Priebus makes a serious miscalculation which EVERYONE CLEARLY SEES, then you can make PUBLIC FODDER of his MISTAKE. I would also venture to add that Priebus is not a dummy………..but he is human, and can make a serious mistake of MISJUDGMENT. He is already between a rock and a hard place. He could just as easily end up with a noose about his neck, prepared by a highly angered CROWD of disenfranchised voters.

  30. Ginger………
    ………..to me Roger Stone seems to be a person who is NEVER far from CONTROVERSY. He is quite vocal on issues that he is involved with, which probably is as it should be, but sometimes a person can make an off handed remark which has the potential to create both disaster, or gain depending upon prevailing circumstances. Personally I take such an individual with a grain of salt until such time as he/she shows more DEFINITE allegiance to those who he is speaking about.

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