Category Archives: Election 2016

Vermont Cruz Rubio eligibility lawsuit update January 18, 2016, Ted Cruz and Marco Rubio served summons and amended complaint, H. Brooke Paige hired process servers Baker Investigations

Posted on January 18, 2016 | 15 comments

Vermont Cruz Rubio eligibility lawsuit update January 18, 2016, Ted Cruz and Marco Rubio served summons and amended complaint, H. Brooke Paige hired process servers Baker Investigations

“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

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

Just in from Mr. H. Brooke Paige, plaintiff in the complaint against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

“Superior Court Judge Timothy Tomasi granted Plaintiff’s motion to file an amended complaint. The State filed an opposition brief limited to the issue of the Motion for a TRO, they have yet to Answer the Verified Complaint and have
been given until January 26 to answer or be found in default. Plaintiff
filed his amended brief naming Cruz and Rubio as indispensable parties
since their Petitions and Consent Forms were confirmed by the Secretary of
State. ”

“Wednesday the Judge scheduled a hearing on the TRO for Friday the 15th. On Friday the Plaintiff filed his Response to Defendant’s Opposition Brief and the Hearing was attended by Plaintiff and State Defendants who had summoned the Director of Elections to testify. Substantive evidence was provided by the Plaintiff and confirmed under oath by the Director of Elections under cross-examination revealing numerous defects and errors in the process and procedures including counting signatures of many individuals who were not registered. In dozens of instances were not even residents (or inhabitants) of Vermont including the citizens of  CT, NY, NJ, MA and even FL who because the
Petitions were not labeled as for the Vermont Primary did not required the
signatories to certify that they were in fact registered Vermont voters.
Incredibly the Director of Elections testified that his office did not
believe they were required to confirm that the petition signatories were
on the voters rolls in Vermont, rather that they were only required to
determine that the signatures were legible and nothing more. Welcome to
Vermont’s Wild West of Elections where few care about the integrity of the
election process, in fact most probably do not even understand the
concept. In the end the Judge did not grant the TRO citing that the
public interest and concerns over voter disenfranchisement outweighed the
injury to the Plaintiff. Plaintiff will receive the Return of Service and
the executed Summonses on Tuesday for the new Defendants and will file
them with the Court that day, starting the 20 day clock for the new
Defendants to answer or otherwise file a response with the Court.”

Mr. Paige hired Baker Investigations and Process Servers to serve
the Summons and Amended Complaint on the out-of-state Defendants Cruz and
Rubio during their visit to Charleston SC in advance of their appearances
on the Fox Business News Republican Debate. Owner Elizabeth Baker
personally served both Cruz and Rubio on Wednesday January 13, as they
arrived in Charleston.

Photos courtesy of Baker Investigations and Process Servers.

PaigeSummonsCruz

PaigeSummonsRubio

According to Mr. Paige, Elizabeth Baker described the Rubio campaign folks as very accommodating and congenial while the Cruz folks were willing to
cooperate although they seemed less cordial and Boston lawyers contacted
the Plaintiff attempting to substitute “electronic service” for personal
service required by the Court.

Original complaint:

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

15 Comments

Posted in Attorneys, Barack Obama, Citizen, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Election, Election 2016, Election Boards, Election Law, Election update, Electoral College, Electors, Eligibility, Natural born citizen, Obama, Obama lies, Obama Nation, Obama records, Vermont

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Ted Cruz Harvard law professor Cruz not eligible, Born in Canada, Not natural born citizen, Laurence H. Tribe also Obama professor, I cannot support Ted Cruz and disregard for US Constitution, Many experts coming forward

Posted on January 17, 2016 | 15 comments

Ted Cruz Harvard law professor Cruz not eligible, Born in Canada, Not natural born citizen, Laurence H. Tribe also Obama professor, I cannot support Ted Cruz and disregard for US Constitution, Many experts coming forward

“Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.”…constitutional law professor Mary Brigid McManamon

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

I have liked Ted Cruz’s positions on many matters for years.

It does not matter to me how conservative he is, how popular he is and how much he protests that he is eligible.

I cannot support Ted Cruz and his untested arrogant position on his natural born citizen status.

I am certain that others agree with me.

He only makes Donald Trump look better.

And that is Trump, who questioned Obama’s eligibility.

Ted Cruz’s own Harvard Law Professor,  Laurence H. Tribe, is questioning his eligibility.

From the Boston Globe January 11, 2016.

By Laurence H. Tribe

“There’s more than meets the eye in the ongoing dustup over whether Ted Cruz is eligible to serve as president, which under the Constitution comes down to whether he’s a “natural born citizen” despite his 1970 Canadian birth. Senator Cruz contends his eligibility is “settled” by naturalization laws Congress enacted long ago. But those laws didn’t address, much less resolve, the matter of presidential eligibility, and no Supreme Court decision in the past two centuries has ever done so. In truth, the constitutional definition of a “natural born citizen” is completely unsettled, as the most careful scholarship on the question has concluded. Needless to say, Cruz would never take Donald Trump’s advice to ask a court whether the Cruz definition is correct, because that would in effect confess doubt where Cruz claims there is certainty.

People are entitled to their own opinions about what the definition ought to be. But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an “originalist,” one who claims to be bound by the narrowly historical meaning of the Constitution’s terms at the time of their adoption. 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.”

Read more:

https://www.bostonglobe.com/opinion/2016/01/11/through-ted-cruz-constitutional-looking-glass/zvKE6qpF31q2RsvPO9nGoK/story.html

From Mary Brigid McManamon, constitutional law professor, January 12, 2016.

“Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.

The Constitution provides that “No person except a natural born Citizen . . . shall be eligible to the Office of President.” The concept of “natural born” comes from common law, and it is that law the Supreme Court has said we must turn to for the concept’s definition. On this subject, common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are “such as are born within the dominions of the crown of England,” while aliens are “such as are born out of it.” The key to this division is the assumption of allegiance to one’s country of birth. The Americans who drafted the Constitution adopted this principle for the United States. James Madison, known as the “father of the Constitution,” stated, “It is an established maxim that birth is a criterion of allegiance. . . . [And] place is the most certain criterion; it is what applies in the United States.”

Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator’s parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.”

Read more:

https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html

From Gabriel J. Chin at the Michigan Law Review 2009.

John McCain, with two US Citizen parents, has questionable status.

“A. Citizenship and Natural Born Citizenship by Statute

According to the Supreme Court in United States v. Wong Kim Ark, the Constitution “contemplates two sources of citizenship, and two only: birth and naturalization.” Unless born in the United States, a person “can only become a citizen by being naturalized . . . by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens . . . .” A person granted citizenship by birth outside the United States to citizen parents is naturalized at birth; he or she is both a citizen by birth and a naturalized citizen. This last point is discussed thoroughly in Jill A. Pryor’s 1988 note in the Yale Law Journal, The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty.

The Supreme Court holds that the citizenship statutes are exclusive; there is no residual common-law or natural-law citizenship. Citizens have no constitutional right to transmit their citizenship to children. In Rogers, the Supreme Court upheld a statute requiring children born overseas to citizen parents to reside in the United States to retain their citizenship. Since “Congress may withhold citizenship from persons” born overseas to citizen parents or “deny [them] citizenship outright,” it could impose the lesser burden of requiring U.S. residence to retain citizenship.

Congressional power to withhold citizenship from children of U.S. citizens is not hypothetical; for decades, it was law, and to some extent still is. The Tribe-Olson Opinion proposes that “[i]t goes without saying that the Framers did not intend to exclude a person from the office of the President simply because he or she was born to U.S. citizens serving in the U.S. military outside of the continental United States . . . .” However, the Seventh Congress, which included Framers Gouverneur Morris and Abraham Baldwin among others, did precisely that. In 1961 in Montana v. Kennedy, the Supreme Court construed an 1802 statute to mean that “[f]oreign-born children of persons who became American citizens between April 14, 1802 and 1854, were aliens . . . .” Thus, children of members of the armed forces serving overseas, and diplomats and civil servants in foreign posts, were not only not natural born citizens eligible to be president, they were not citizens at all.

Denial of automatic citizenship had very different implications than it would now because until the late nineteenth century, there was little federal immigration law. There were no general federal restrictions on who could enter the country, no provisions for deportation of residents who became undesirable, and immigration officials to deport them. Of course, these children could become citizens by individual naturalization. But even if the child suffered based on lack of citizenship, according to the 1907 Supreme Court decision in Zartarian v. Billings, “[a]s this subject is entirely within congressional control, the matter must rest there; it is only for the courts to apply the law as they find it.””

Available at the Wayback Machine:

https://web.archive.org/web/20091007052748/http://www.michiganlawreview.org/articles/why-senator-john-mccain-cannot-be-president-eleven-months-and-a-hundred-yards-short-of-citizenship

And Citizen Wells January 13, 2011.

Speaker Boehner and congress, Legal experts speak out, Obama eligibility, Obama issues

If Ted Cruz want my and others’ support he must do the following:

Apologize to the American people for his arrogance and disregard for the US Constitution.

Immediately seek a ruling from the courts or advisory opinion from the FEC.

Citizen Wells

 

15 Comments

Posted in Barack Obama, Birth Certificate, Canada, Citizen, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Election, Election 2016, Election Boards, Election Law, Election update, Electoral College, Electors, Eligibility, Harvard, Natural born citizen, Obama, Obama lies, Obama Nation, Obama records

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Ted Cruz born in Canada Obama born on planet earth, 2 arrogant Harvard grads, What the hell is wrong with Cruz?, Eligibility challenges grow, Paige v Vermont update, Texas Cruz lawsuit, Even Washington Post challenges Ted Cruz and of course lies about Obama

Posted on January 17, 2016 | 16 comments

Ted Cruz born in Canada Obama born on planet earth, 2 arrogant Harvard grads, What the hell is wrong with Cruz?, Eligibility challenges grow, Paige v Vermont update, Texas Cruz lawsuit, Even Washington Post challenges Ted Cruz and of course lies about Obama

“Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.”…constitutional law professor Mary Brigid McManamon

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

Enough is enough!

Ted Cruz, what the hell is wrong with you!

Donald Trump is right.

Cruz will continue to be challenged on his eligibilty for the presidency as a natural born citizen and rightfully so.

We already have a narcissist in the White House. We don’t need another one.

Cruz, do your damn job and get an advisory opinion from the FEC or a court ruling. That is if you care about this country. or is that the problem?

You were born Canadian.

Here is an update from H. Brooke Paige, plaintiff in the complaint against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

“Mr. Paige informs Citizen Wells that he will be filing his “Notice of Default” with the court on Monday morning and will subsequently ask the court for an expedited hearing on the merits, a directed verdict based upon the Plaintiff’s Complaint and the issuance of an Order by the Court directing Secretary of State Jim Condos to take appropriate actions to mitigate and resolve the errors and deficiencies presented in his Complaint.

More information as this unexpected and encouraging turn of events develops.”

From Mr. Paige January 5, 2016.

“Just in from Mr. H. Brooke Paige, plaintiff in the complaint against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

“Well this was an unexpected turn of events.  As a result of their
negligence in Answering or otherwise entering an appearance in Superior
Court, a series of events are unfolding that could result in profound
changes in the Vermont Primary this March.  What those changes will be is
difficult to predict. There are structural and legal problems with Vermont
Election Laws (Title 17) which has been thrown together “piecemeal” over
the years and this case should focus attention on the shortcomings of the
current law.

Mr. Paige visited the Secretary of State’s Office today to hand deliver a
copy of the latest filings that requested a Temporary Restraining Order to
prevent the “publication and distribution” of the Presidential Primary
Ballots until the “troubles” complained in the Plaintiff’s pleadings are
resolved or an accommodation can be found that would avoid injuring or
disenfranchising the various candidates.

Sadly, the Attorney General’s office has failed to inform the Secretary of
State’s Election Office of their failure to respond in Superior Court. The
Director of Elections appeared “shell shocked” as Mr. Paige filled him in
on the case, the default and the resolution he intends to propose to the
Court relating to the Primary.  The General Election and the “natural-born
Citizen” question will require additional consideration in order to find
an equable resolution which hopefully will include defining “nbC”
precisely as part of the ruling (rather than mere dicta unrelated to the
resolution).

Mr. Paige informs that the gross negligence of the Defendants exhibited by
their failure to respond reduces the A/G opportunities to stall and
“sidetrack” the case.  The expedited resolution of the questions relating
to the Primary could produce an interesting civics lesson for Vermont
voters.

CitizenWells  will continue to follow this case and provide all the
details here as they become available !””

The complaint:

https://citizenwells.com/2015/12/30/ted-cruz-rubio-and-jindal-eligibility-challenged-in-vermont-h-brooke-paige-complaint-filed-december-9-2015-natural-born-citizen-status-requires-us-birth-and-2-citizen-parents-attorney-mario-apuzz/

Another legal action challenging Ted Cruz’s eligibility.

“Donald J. Trump predicted that the lawsuits against Senator Ted Cruz, doubting his constitutional eligibility to be president, would start trickling in as questions continued to percolate about the fact that he was born in Canada. As the Republican candidates gathered to debate in South Carolina on Thursday, one had already been filed.

An 85-year-old trial lawyer, Newton Schwartz Sr., filed the complaint in Federal Court in the Southern District of Texas, in Houston, arguing that the definition of a “natural born citizen” has never been sufficiently settled by the United States Supreme Court. The matter, he said, must be urgently addressed.

“The entire nation cannot afford such constitutional confusion and uncertainties overhanging the electorate process,” Mr. Schwartz, who lives and practices law in Mr. Cruz’s home state of Texas, wrote in the 73-page lawsuit.”

Read more:

From the Marshall Report January 7 2016.

“Cruz, Rubio Presidential Eligibility Challenged In FL, VT, and MD!”

“Well, so far complaints involving the ineligibility for Cruz, Rubio and Jindal to run for president have been filed in three states. Florida, Vermont, and MD. It appears all these people have to do is show proof of the eligibility requirements to run for president as stated in the constitution. So far none have, however Jindal has dropped out so it is moot for him. (Citizenship is not the same as the naturalization requirements for citizenship to run for President as stated in the constitution.)

 For some odd reason, Cruz has had his birth records sealed. He’ll have to answer the reason why himself. Heaven forbid if we speculate on that one. It does appear very strange especially if he has nothing to hide? He did show his Canadian Birth Certificate and his paper denouncing his Canadian citizenship, but he has not shown any consulate papers.”

Read more:

Cruz, Rubio Presidential Eligibility Challenged In FL, VT, and MD!

Leave it to the Washington Post to question Cruz and sanction Obama.

From the Washington Post January 12, 2016.
“Ted Cruz is not eligible to be president”

“Mary Brigid McManamon is a constitutional law professor at Widener University’s Delaware Law School.
Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.

The Constitution provides that “No person except a natural born Citizen . . . shall be eligible to the Office of President.” The concept of “natural born” comes from common law, and it is that law the Supreme Court has said we must turn to for the concept’s definition. On this subject, common law is clear and unambiguous. The 18th-century English jurist William Blackstone, the preeminent authority on it, declared natural-born citizens are “such as are born within the dominions of the crown of England,” while aliens are “such as are born out of it.” The key to this division is the assumption of allegiance to one’s country of birth. The Americans who drafted the Constitution adopted this principle for the United States. James Madison, known as the “father of the Constitution,” stated, “It is an established maxim that birth is a criterion of allegiance. . . . [And] place is the most certain criterion; it is what applies in the United States.”

Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator’s parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.”

“Let me be clear: I am not a so-called birther. I am a legal historian. President Obama is without question eligible for the office he serves. The distinction between the president and Cruz is simple: The president was born within the United States, and the senator was born outside of it. That is a distinction with a difference.”

Read more:

https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html

Let’s be clear about this.

There is zero proof of US birth for Obama.

He has never presented a certified copy of an original birth certificate.

I can prove that in court.

 

 

 

16 Comments

Posted in Barack Obama, Birth Certificate, Citizen, Citizen News, Citizens for the truth about Obama, CitizenWells, constitution, Courts, Election, Election 2016, Election Boards, Election Law, Election update, Electoral College, Electors, Eligibility, FEC, Harvard, Natural born citizen, Obama, Obama administration, Obama lies, Obama Nation, Obama records

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Rush Limbaugh uses citizen and natural born citizen interchangeably on Ted Cruz eligibility, Citizen Wells rectification, Obama and Cruz scenarios similar both not eligible, Ted Cruz eligibility nonsense???, Imagine John McCain right Limbaugh wrong

Posted on January 8, 2016 | 11 comments

Rush Limbaugh uses citizen and natural born citizen interchangeably on Ted Cruz eligibility, Citizen Wells rectification, Obama and Cruz scenarios similar both not eligible, Ted Cruz eligibility nonsense???, Imagine John McCain right Limbaugh wrong

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”…US Constitution

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

I am a big fan of Rush Limbaugh and have been for well over 20 years.

I do not always get to listen to him but I caught a few minutes yesterday when he was discussing the controversy over Ted Cruz’s eligibility.

He used citizen and natural born citizen interchangeably.

Even John McCain has this right. Cruz’s eligibility is subject to scrutiny.

To Limbaugh’s credit, he did go on to read the eligibility provision from the US Constitution and state the difficiencies of the candidates and opposing thoughts on what NBC means.

I found the following offensive. It reminds me too much of John Boehner and the mainstream media:

“I’m not saying that won’t happen, but they’re not gonna succeed in going into court and have Ted Cruz told by a court, “Hey, Mr. Cruz, we’ve just discovered you’re not a citizen. Leave the country! Turn in your passport and go back to Canada.”  It isn’t gonna happen. ”

Citizenship is not the term or the question. Hell, we’ll let anybody be a citizen.

It’s natural born citizen!

From Rush Limbaugh January 7, 2016.

“Cruz Citizenship Kerfuffle Is a Distraction”

“Well, we’re getting closer to the day that actual votes are going to happen, which is why all of this kerfuffle is effervescing up and boiling over. I mean, the nonsense on whether or not Ted Cruz is a natural born citizen. It’s stunning.”

“The latest to join this bandwagon suggesting that Ted Cruz may want to actually go to court and get some confirmation on the fact he’s a citizen, it could be a problem out there, John McCain. John McCain is now officially questioning Ted Cruz’s eligibility to run for the presidency. It’s getting into bizarro territory here. Remember, now, McCain was born in Panama, and his presidential eligibility is the same and based on the same constitutionality as is Ted Cruz’s. It’s amazing.

Folks, I left the program yesterday, and this was the subject we were laughing about, the way Trump was talking about it and raising the issue but not opining on it. And because the Republican establishment is scared to death of either one of them winning, the gears got into full motion and people started investigating this constitutionally, intellectually. You would not believe, one website probably has 75,000 words written on this. And the 75,000 words include the learned opinions of countless other scholars on whether or not Ted Cruz is actually an American citizen.”

“Anyway, the eligibility question is an interesting political development because it is gonna be explored, it is gonna be a distraction. The Democrats are gonna milk it for all it’s worth because of what happened to Obama and the birthers. And despite the fact that there’s no similarity or commonality in the two claims, they’re still gonna rely on the low-information voters’ ignorance of this and act like, “Hey, this is fun. You know, you guys did it to Obama, we got a chance to do it to you,” so that’s why they’re gonna get in on it.”

“But it’s an opportunity for a lot of people to show their chops, demo their chops on the Constitution. I mean, here’s what this really is all about. It’s right out of the Constitution. It is very, very simple. It’s Article 2, Section 1. “No person except a natural born citizen…” I’m telling you, I went to a blog site, and there’s a 75,000-word article on “natural born citizen,” what it means. I thought, “You know what? I could print that out, I could read that whole piece, and it’d be my program today. I could take the day off; just read that piece. At the end of that you’d think I’m nuts or brilliant.”

But 75,000 words! That’s a wild guess. But it printed out to 20 pages. “No person except a natural born citizen or a citizen of it United States, at the time of the adoption of the Constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of 35 years, and been 14 years a resident within the United States.” There’s nothing else. You can have an IQ of 20. You can be dumb, stupid. You can be poor, you can be uneducated. None of that matters. You just have to be a natural born citizen, gotta be 35 years old, and you have to have lived within the United States for 14 years.

That’s it. So when people raise the question, “‘Natural born citizen’? What’s that mean?” ‘Cause it doesn’t appear anywhere else in the Constitution. It’s not defined. The founders do not define what natural born citizen is, which means that back in the day they wrote it… It’s why original intent’s so important, folks, when you analyze the Constitution. “What did they mean? What did ‘natural born citizen’ mean at the time they wrote it?” It’s a derivative from British common law which meant natural born subject. And, I’m telling you, this… Andy McCarthy writes about this today, and he’s right.”

“It is not explained in the writings or the history of those who framed the Constitution, nor is it in a demonstrable common and clear understanding in the former British colonies at the time, and the Supreme Court has never ruled on it and probably never will. “Natural born” is not used anywhere in the Constitution. Its origins are unclear. It is assumed to be derived, as I say, from the British common stature law governing natural born subjects. And therein provides the wide opening for everybody to mad dash into and define it themselves as to their particular benefit.

There are essentially two ends of the spectrum here about which everybody agrees, in terms of the meaning of “natural born citizen.” 1. A person born in the United States to parents, both whom are United States citizens. Obviously, you’re natural born. You’re born here. Your parents are citizens. Bammo, you’re a citizen. Nobody questions it, and you’re natural born. By the way, if you Planned Parenthood aficionados are listening, it has nothing to do with artificial wombs and all that. That’s not what “natural born” means. We can rule that out right now. We’re not talking about test tubes here.

Although we might somewhere down the road. You never know. And the other end of the spectrum is a person born outside the United States to parents, neither of who is a United States citizen, is not a natural born citizen. Nobody disagrees with that. Even if citizenship is obtained through naturalization later, that is not natural born citizen. So if you’re a naturalized citizen — born somewhere else, your parents are not Americans — and if you come here and become a citizen? “Sorry, you’re not qualified. Too bad.”

Now, Rubio, Jindal, and Cruz, as did Obama, fall between these two points on the spectrum here. Rubio and Jindal born in the US to parents neither of whom was a citizen at the time that he was born here. So, bammo. Ted Cruz was born in Canada to parents, one of whom (his mother) was a US citizen, and as far as the best minds have worked on this, that alone qualifies Cruz. Now, Trump months ago… We had the audio sound bite yesterday. Months ago, Trump said of Cruz, “Ah, it’s not about that.”

Trump says, “Cruz is perfectly fine. It’s not a problem here. I looked into it; we have no problem with Cruz.” Now, yesterday Cruz becomes the focus point of Trump. “Weeeeell, I don’t know. I might be a little nervous. He might want to get clarification.” That’s all it took to get the media revved up and create this distraction now that is designed to distract Cruz, raise doubts, weaken support, all of these things. It’s ’cause Cruz is the front-runner now in the Hawkeye Cauci.”

Read more:

Cruz Citizenship Kerfuffle Is a Distraction

DISTRACTION???

Come on Rush, I know that you have always claimed to be an entertainer, but it’s the Constitution.

 

11 Comments

Posted in Barack Obama, Citizen, Citizen News, Citizens for the truth about Obama, CitizenWells, Courts, Election, Election 2016, Election Boards, Election Law, Election update, Electoral College, Electors, Eligibility, Natural born citizen, Obama, Obama lies, Obama Nation, Obama records

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Trump Cruz should ask judge for a declaratory judgment, Rule if eligible to run for president as natural born citizen, John McCain Ted Cruz eligibility legitimate question, Cruz resembles Obama too much

Posted on January 7, 2016 | 27 comments

Trump Cruz should ask judge for a declaratory judgment, Rule if eligible to run for president as natural born citizen, John McCain Ted Cruz eligibility legitimate question, Cruz resembles Obama too much

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

I have always liked Ted Cruz but that “warm fuzzy feeling” is quickly fading.

Cruz is increasingly reminding me of Barack Obama with their common Harvard Law Review, attorney arrogance disregard for the US Constitution.

Ted Cruz has stated that attorneys have looked into his eligibility as a natural born citizen and given him their blessing.

Well Mr. Cruz, how about the courts, the FEC and what about the American People?

From CNN January 6, 2016.

“In separate interviews with CNN, Trump and Cruz squared off over the businessman’s comments — reported Tuesday in The Washington Post — that the senator’s birth in Canada could pose a “big problem.” Trump told CNN’s Wolf Blitzer that Cruz, whose mother was a U.S. citizen, should go to court and ask a judge to rule that he’s eligible to run for president.

“How do you run against the Democrat, whoever it may be, and you have this hanging over your head if they bring a lawsuit?” Trump said in an interview that aired on “The Situation Room.”

Trump said Cruz should to ask a judge for a “declaratory judgment” that Trump said would protect Cruz against any future questions about his eligibility that could come in a general election.

He also claimed that it was The Washington Post — not him — that raised the issue.”

Read more:

http://www.cnn.com/2016/01/06/politics/ted-cruz-birthplace-donald-trump/

McCain: Cruz’s presidential eligibility a ‘legitimate question’

“McCain says it’s “worth looking into” whether Ted Cruz is eligible to run for president, since the Texas senator was born in Canada.

In an interview on Phoenix CBS affiliate KFYI, McCain said the questions raised by Republican presidential front-runner Donald Trump over Cruz’s eligibility are legitimate.

“I think there is a question. I’m not a constitutional scholar on that, but I think it’s worth looking into. I don’t think it’s illegitimate to look into it,” McCain said.”

Read more:

http://www.cnn.com/2016/01/06/politics/ted-cruz-birthplace-john-mccain/

From Lawrence Sellin, PHD January 6, 2016 at Family Security Matters.

“Ted Cruz should provide evidence of his Constitutional eligibility for the Presidency”

“Despite the misinformation being disseminated by our corrupt political-media establishment and the Saul Alinsky-like lobbing of the pejorative “birther” as a means to deflect or suppress discussion of the issue; there is, in my view, no ambiguity.

According to Article II, Section I, Clause 5 of the Constitution, the narrative of the 14th Amendment, the Supreme Court case of Minor v. Happersett (1875), other legal opinions, precedence and historical background, Presidential eligibility requires that a candidate be born a US citizen of two US citizen parents at the time of birth.
If you are unwilling to accept the exhaustive legal documentation regarding the true meaning of “natural born” citizenship, you may try the common sense question:
Why has every President since Martin van Buren been a US citizen at birth of two citizen parents except Barack Obama and Chester A. Arthur, who lied about his personal history?

In order to understand the current political machinations surrounding the “natural born” Presidential eligibility debate, it is important to know that there have been numerous attempts both by Democrats and Republicans to amend the Article II “natural born citizen” clause, starting in 1975 when New York Democrat House Rep. Jonathon B. Bingham introduced House Joint Resolution 33, which clearly, even then, recognized the distinction between “citizen” and “natural born citizen:”
“Provides that a citizen of the United States otherwise eligible to hold the Office of President shall not be ineligible because such citizen is not a natural born citizen.”

It appears that our corrupt political-media establishment, having failed to change the Constitution by legal amendment, achieved it in 2008 through an electoral fait accompli, when Obama reached the Oval Office even though, by his own admission, he does not meet the two parent citizen standard.

A detailed account of how, in 2008, a Constitutional requirement was erased by political legerdemain is described here.
I like most of the policies espoused by Ted Cruz, but he does his candidacy and the nation no service by not addressing the eligibility question head-on.

You can be sure the Democrats will.”

Read more:

http://www.familysecuritymatters.org/publications/detail/ted-cruz-should-provide-evidence-of-his-constitutional-eligibility-for-the-presidency

 

 

 

27 Comments

Posted in Barack Obama, Citizen, Citizen News, Citizens for the truth about Obama, CitizenWells, Election, Election 2016, Election Boards, Election Law, Election update, Electoral College, Electors, Eligibility, Natural born citizen, Obama, Obama lies, Obama Nation, Obama records

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Ted Cruz FEC advisory opinion on natural born citizen status patriotic duty, Cruz born in Canada to 1 US citizen parent, Senate resolution 511 sanctioned John McCain who was born to 2 US citizen parents

Posted on January 6, 2016 | 31 comments

Ted Cruz FEC advisory opinion on natural born citizen status patriotic duty, Cruz born in Canada to 1 US citizen parent, Senate resolution 511 sanctioned John McCain who was born to 2 US citizen parents

“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

Donald Trump was quoted in the Washington Post on January 5, 2016.

“Donald Trump said in an interview that rival Ted Cruz’s Canadian birthplace was a “very precarious” issue that could make the senator from Texas vulnerable if he became the Republican presidential nominee.

“Republicans are going to have to ask themselves the question: ‘Do we want a candidate who could be tied up in court for two years?’ That’d be a big problem,” Trump said when asked about the topic. “It’d be a very precarious one for Republicans because he’d be running and the courts may take a long time to make a decision. You don’t want to be running and have that kind of thing over your head.””

Trump is correct.

This is a no brainer.

For the good of the country, the Republican Party and for Cruz himself, he should immediately request an advisory opinion from the FEC as to whether or not he is eligible for federal matching funds as a natural born citizen.

There is a precedent for doing so.

From Citizen Wells January 27, 2015.

“To be president of the US one must be a natural born citizen, not just a citizen and not a naturalized citizen.

Is Ted Cruz a natural born citizen?

Based on my understanding the answer is no.

Ted Cruz was born in Canada and had only one US citizen parent.

Is Ted Cruz a patriot?

I believe so.

For the good of the country I am requesting that Ted Cruz, at the earliest possible moment, request an advisory opinion from the FEC about his eligibility for Federal Matching funds and therefore the presidency.

The FEC will be compelled to provide an advisory opinion about whether or not he is a natural born citizen.

This will be important for two reasons.

Ted Cruz needs to know early if his efforts are worthwhile and not counterproductive.

We need a ruling on this. Every government entity that should provide guidance on the definition of natural born citizen has passed the buck, including the US Supreme Court. The courts and congress have shirked their constitutional duty.

There are 2 important instances of an advisory opinion from the FEC on matching funds.

1. Attorney Robert Bauer of Perkins Coie on behalf of Barack Obama in 2007.

From Citizen Wells January 23, 2012.

“WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 4

Obama, attorneys and Democrats control FEC

The devil himself could not have come up with a more devious plan.

Robert Bauer, of Perkins Coie, on February 1, 2007 requested an advisory opinion to keep Obama’s option for matching funds open. Bauer knew full well that Obama, not being a natural born citizen, was not eligible for matching funds. The FEC advisory opinion from March 1, 2007 responded in the affirmative.Ellen L. Weintraub, former staff member at Perkins Coie, was a Democrat appointee of the FEC at that time. She remained well beyond her scheduled tenure with the help of Barack Obama.
Obama, Robert Bauer, Democrats interaction with FEC timeline.
February 1,2007

Advisory Opinion Request: General Election Public Funding

From Obama attorney Robert Bauer to FEC

“This request for an Advisory Opinion is filed on behalf of Senator Barack Obama and the committee, the Obama Exploratory Committee, that he established to fund his exploration of a Presidential candidacy. The question on which he seeks the Commission’s guidance is whether, if Senator Obama becomes a candidate, he may provisionally raise funds for the general election but retain the option, upon nomination, of returning these contributions and accepting the public funds for which he would be eligible as the Democratic Party’s nominee.”

“cc: Chairman Robert Lenhard
Vice Chair David Mason
Commissioner Michael Toner
Commissioner Hans von Spakovsky
Commissioner Steven Walther
Commissioner Ellen Weintraub“

Note, in the above advisory opinion request, Robert Bauer was a Perkins Coie attorney and Ellen Weintraub was a former Perkins Coie staff member.
March 1, 2007

FEC advisory opinion

From Robert D. Lenhard to Robert Bauer

“The Commission concludes that Senator Obama may solicit and receive private contributions for the 2008 presidential general election without losing his
eligibility to receive public funding if he receives his party’s nomination for President, if he (1) deposits and maintains all private contributions
designated for the general election in a separate account, (2) refrains from using these contributions for any purpose, and (3) refunds the private
contributions in full if he ultimately decides to receive public funds.””

June 19, 2008.

“Obama to Break Promise, Opt Out of Public Financing for General Election”

“In a web video to supporters — “the people who built this movement from the bottom up” — Sen. Barack Obama, D-Illinois, announced this morning that he will not enter into the public financing system, despite a previous pledge to do so.”

“In November 2007, Obama answered “Yes” to Common Cause when asked “If you are nominated for President in 2008 and your major opponents agree to forgo private funding in the general election campaign, will you participate in the presidential public financing system?”
Obama wrote:

“In February 2007, I proposed a novel way to preserve the strength of the public financing system in the 2008 election. My plan requires both major party
candidates to agree on a fundraising truce, return excess money from donors, and stay within the public financing system for the general election.”

https://citizenwells.wordpress.com/2012/01/23/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-4-obama-attorneys-democrats-control-fec/

2. Abdul Hassan, a naturalized citizen, requested an advisory opinion in 2012.

From Citizen Wells March 11, 2013.

“From the FEC March 11, 2013.

APPEALS COURT ISSUES PER CURIAM ORDER IN HASSAN v. FEC

WASHINGTON – The United States Court of Appeals for the District of Columbia Circuit today issued its Per Curiam Order inHassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Order may be found here: (http://www.fec.gov/law/litigation/hassan_ac_order2.pdf).

Background.

From Citizen Wells October 1, 2012.

“From the FEC October 1, 2012.

DISTRICT COURT ISSUES OPINION IN HASSAN v. FEC

WASHINGTON – The United States District Court for the District of Columbia on Friday issued its Memorandum Opinion and Order in Hassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Memorandum Opinion may be found here (http://www.fec.gov/law/litigation/hassan_dc_memo_opinion.pdf) and the text of the Order may be found here (http://www.fec.gov/law/litigation/hassan_dc_order2.pdf).

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

http://www.fec.gov/press/press2012/20121001_Hassan_v._FEC.shtml

Exerpts:
“Hassan’s challenge to the Fund Act rests on his contention
that the natural born citizen requirement has been implicitly
repealed by the Fifth and Fourteenth Amendments. The Court need
not repeat the thorough and persuasive opinions issued by its
colleagues in at least five other jurisdictions, all of whom
determined that the natural born citizen requirement has not
been implicitly repealed by the Fifth and Fourteenth Amendments.”

“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of
Presidential eligibility remains valid.”

“Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.””

https://citizenwells.wordpress.com/2013/03/11/abdul-karim-hassan-vs-federal-election-commission-march-11-2013-u-s-court-of-appeals-per-curiam-order-hassan-not-natural-born-citizen/

This is important.

I urge you to contact Ted Cruz with this important information.

https://citizenwells.com/2015/01/27/ted-cruz-eligible-for-presidency-ted-cruz-natural-born-citizen-cruz-a-patriot-ted-cruz-advisory-opinion-from-fec-natural-born-citizen-not-citizen-naturalized-citizen-abdul-hassan-not-eligibl/

31 Comments

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Vermont eligibility challenge update January 5, 2016, H. Brooke Paige v State of Vermont, Attorney General’s office failed to inform Secretary of State’s Election Office of their failure to respond in Superior Court

Posted on January 5, 2016 | 30 comments

Vermont eligibility challenge update January 5, 2016, H. Brooke Paige v State of Vermont, Attorney General’s office failed to inform Secretary of State’s Election Office of their failure to respond in Superior Court

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”…US Constitution

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

Just in from Mr. H. Brooke Paige, plaintiff in the complaint against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

“Well this was an unexpected turn of events.  As a result of their
negligence in Answering or otherwise entering an appearance in Superior
Court, a series of events are unfolding that could result in profound
changes in the Vermont Primary this March.  What those changes will be is
difficult to predict. There are structural and legal problems with Vermont
Election Laws (Title 17) which has been thrown together “piecemeal” over
the years and this case should focus attention on the shortcomings of the
current law.

Mr. Paige visited the Secretary of State’s Office today to hand deliver a
copy of the latest filings that requested a Temporary Restraining Order to
prevent the “publication and distribution” of the Presidential Primary
Ballots until the “troubles” complained in the Plaintiff’s pleadings are
resolved or an accommodation can be found that would avoid injuring or
disenfranchising the various candidates.

Sadly, the Attorney General’s office has failed to inform the Secretary of
State’s Election Office of their failure to respond in Superior Court. The
Director of Elections appeared “shell shocked” as Mr. Paige filled him in
on the case, the default and the resolution he intends to propose to the
Court relating to the Primary.  The General Election and the “natural-born
Citizen” question will require additional consideration in order to find
an equable resolution which hopefully will include defining “nbC”
precisely as part of the ruling (rather than mere dicta unrelated to the
resolution).

Mr. Paige informs that the gross negligence of the Defendants exhibited by
their failure to respond reduces the A/G opportunities to stall and
“sidetrack” the case.  The expedited resolution of the questions relating
to the Primary could produce an interesting civics lesson for Vermont
voters.

CitizenWells  will continue to follow this case and provide all the
details here as they become available !”

The complaint:

https://citizenwells.com/2015/12/30/ted-cruz-rubio-and-jindal-eligibility-challenged-in-vermont-h-brooke-paige-complaint-filed-december-9-2015-natural-born-citizen-status-requires-us-birth-and-2-citizen-parents-attorney-mario-apuzz/

30 Comments

Posted in Barack Obama, Birth Certificate, Citizen, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil Complaint, constitution, Election, Election 2016, Election Boards, Election Law, Election update, Electoral College, Electors, Eligibility, Natural born citizen, Obama, Obama lies, Obama Nation, Obama records, US Constitution

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Harvard Law Review article lied about Ted Cruz eligibility, Natural born citizen status, 2 US citizen parents required, Cruz born in canada to 1 US Citizen parent his mother, Is this why Obama and Cruz are arrogant in regard to US Constitution?

Posted on January 3, 2016 | 34 comments

Harvard Law Review article lied about Ted Cruz eligibility, Natural born citizen status, 2 US citizen parents required, Cruz born in canada to 1 US Citizen parent his mother, Is this why Obama and Cruz are arrogant in regard to US Constitution?

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“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

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

At the time of the adoption of the US Constitution in 1787, there were only 2 types of citizens defined by US Law.

Natural born citizens and everyone else, citizens. There were no legally naturalized citizens and no provision in US Law to be naturalized until 1790.

That is why the founding fathers has to be grandfathered in with the following language:

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”

That language and the meaning of natural born citizen have not been altered.

Only the definition of citizen and how to attain citizenship has been altered.

It is believed by myself and many legal scholars that the founding fathers knew that one had to be born on US Soil to US citizen parents (plural).

Three years later in the Naturalization act of 1790 we find a clarification:

“And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens”

Obviously from that language one had to have US citizen parents (plural) to be a natural born citizen.

Senate Resolution 511, that Barack Obama signed, stated:

“Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it
Resolved, That John Sidney McCain, III, is a `natural born Citizen’ under Article II, Section 1, of the Constitution of the United States.”

Once again citizens (plural).

So from start to finish we have the requirement of 2 US Citizen parents to be a natural born citizen.

Ted Cruz had only one US Citizen parent, his mother and he was born in Canada.

Clearly not eligible.

That is why the following article from the Harvard Review is so absurd.

“We have both had the privilege of heading the Office of the Solicitor General during different administrations. We may have different ideas about the ideal candidate in the next presidential election, but we agree on one important principle: voters should be able to choose from all constitutionally eligible candidates, free from spurious arguments that a U.S. citizen at birth is somehow not constitutionally eligible to serve as President simply because he was delivered at a hospital abroad.

The Constitution directly addresses the minimum qualifications necessary to serve as President. In addition to requiring thirty-five years of age and fourteen years of residency, the Constitution limits the presidency to “a natural born Citizen.”

All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.”

This is a big lie!

http://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/

From Citizen Wells March 16, 2015.

Truths, half truths and lies.

I will make this simple because it is.

Although our laws were derived from British laws and in fact some common laws are in force today, we have heavily modified them beginning with pre revolution colonial laws and the US Constitution.

The article above conveniently, selectively quotes the US Constitution which states:

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”

Ted Cruz is a citizen, but since he was not alive at the adoption of the Constitution, he is not by default a natural born citizen.

The Constitution was crafted by individuals with an excellent understanding of the law and a concern for foreign influences.

They made a clear distinction between citizen and natural born citizen.

Ted Cruz citizen not natural born citizen, Cruz not alive at adoption of constitution, Harvard Law Review article, Still teach to constitution?, Citizen at birth not equivalent to natural born citizen

Attorney Mario Apuzzo provides a scholarly explanation.

“I read the March 11, 2015 article entitled, “On the Meaning of a ‘Natural Born Citizen,” written by Neal Katyal and Paul Clement, found at 128 Harv.L.Rev.F 161, and accessed at http://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/ .  The first sentence of the article says:  “We have both had the privilege of heading the Office of the Solicitor General.”  The article repeats the existing talking points offered in support of the constitutional eligibility of Senator Ted Cruz (all born citizens are natural born citizens) and offers nothing new.  Mr. Cruz was born in Canada to a U.S. citizen mother and a non-U.S. citizen (Cuban) father.  I have written a recent article in which I conclude that Mr. Cruz is not a natural born citizen and therefore not eligible to be President because he does not satisfy the one and only common law definition of a natural born citizen confirmed by the unanimous U.S. Supreme Court in Minor v. Happersett, 88 U.S. 162 (1875), which is a child born in a country to parents who were its citizens at the time of the child’s birth.  The article is entitled, “What Do President Obama and Senator Cruz Have In Common? They Are Both Not Natural Born Citizens,” accessed at http://puzo1.blogspot.com/2015/02/what-do-president-obama-and-senator.html .  Katyal and Clement maintain that any child who becomes a citizen at birth, regardless of where born or by what means, is a natural born citizen.  They add that since Mr. Cruz became a citizen from the moment of birth and did not need any naturalization after birth he is a natural born citizen.  But there is no historical and legal evidence which demonstrates that this is how the Framers defined a natural born citizen and the authors surely have not presented that evidence even if it did exist.

The authors’ argument suffers from the fallacy of bald assertion.  They provide no convincing evidence for their position on who is included as an Article II natural born citizen.  They do not examine what was the source of the Framers’ definition of an Article II natural born citizen, let alone what was the definition of a natural born citizen when the Framers drafted and adopted the Constitution and when it was eventually ratified.  They ignore so much of the historical and legal record in coming to their bald conclusions. For a discussion of this historical and legal evidence, see the numerous articles that I have written and posted at my blog, http://puzo1.blogspot.com .
Read more at http://www.birtherreport.com/2015/03/attorney-responds-to-harvard-law-review.html#8Lt4afwlA9IQXYvW.99

Read more:

http://www.birtherreport.com/2015/03/attorney-responds-to-harvard-law-review.html

 

 

 

34 Comments

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Vermont Ted Cruz eligibility challenge update January 1, 2016, H. Brooke Paige v State of Vermont, Attorney General Bill Sorrell neglects to file timely answer, Notice of Default, Court request for Secretary of State Jim Condos to take appropriate actions

Posted on January 1, 2016 | 41 comments

Vermont Ted Cruz eligibility challenge update January 1, 2016, H. Brooke Paige v State of Vermont, Attorney General Bill Sorrell neglects to file timely answer, Notice of Default, Court request for Secretary of State Jim Condos to take appropriate actions

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”…US Constitution

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

Just in from Mr. H. Brooke Paige, plaintiff in complaint against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

“Vermont’s Attorney General Neglects to File Timely Answer in Paige v.
State of Vermont, et al (2015) – An Unexpected and Encouraging Event that
Could Expedite the Case !

It Appears the Vermont’s Attorney General Bill Sorrell has gotten cold
feet when it comes to the issue of the “natural-born Citizen” question and
numerous deficiencies in Vermont’s Primary and General Election process
(Title 17),

In the case currently before the Vermont Superior Court, Washington Unit,
Paige v. State of Vermont, et al, Civil Docket #780-12-15, was filed with
the court on December 8, 2015 and service of process was executed by the
Washington CO. Sheriff’s on December 11, 2015 with an Answer or Motion
required by the court 20 days after service today, December 31.

Mr. Paige visited the court clerk’s office at midday today (12/31/15) and
was informed that no communications had been received by the court from
the VT A/G’s office. The clerk confirmed that the answer was  required by
the close of business (4:30 PM) and suggested that he stop back then and
she would provide him with a copy of the filing – which both the clerk and
Mr. Paige were certain would be filed on time.

Mr. Paige arrived just before closing and was informed that the Attorney
General had not yet filed his answer and the clerk suggested he wait until
the office closed.  Mr. Paige waited until the bailiff came by to lock up
the courthouse – no timely response was by A/G Sorrell’s office on behalf
of the State, Secretary of State Jim Condos or Attorney General William
Sorrell (who is himself named as a co-defendant as a result of his
intentional misconduct in Mr. Paige’s prior ballot challenge before the
court)

Mr. Paige informs Citizen Wells that he will be filing his “Notice of
Default” with the court on Monday morning and will subsequently ask the
court for an expedited hearing on the merits, a directed verdict based
upon the Plaintiff’s Complaint and the issuance of an Order by the Court
directing Secretary of State Jim Condos to take appropriate actions to
mitigate and resolve the errors and deficiencies presented in his
Complaint.”

H. Brooke Paige

The complaint:

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

 

41 Comments

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Tagged , , , , ,

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

Posted on December 30, 2015 | 40 comments

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”…US Constitution

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

I agree with H. Brooke Paige, CDR Charles Kerchner, Attorney Mario Apuzzo and many others that the the founding fathers understood the definition of natural born citizen meant birth on US soil to 2 US citizen parents.

Yesterday Mr. Paige presented Citizen Wells with a complaint filed against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

Here are some exerpts:

“10. While it may seem counterintuitive that such a weighty question as
that of the definition of the constitutional meaning of a presidential
qualification and the other questions raised in this action, should
originate in a state superior court – it is not only entirely
appropriate, it is an absolute necessity as no other authority or
jurisdiction is available to the Plaintiff and is the most logical,
constitutionally permissible jurisdiction in light of the federal
Constitution’s protections of the coequal branches of the federal
government and the principle of Separation of Powers embodied in said
Constitution of the United States (1790).

11. In 2008, Dr. Daniel Tokaji, Professor of Law at Ohio State
University, explained this essential legal pathway in his “The
Justiciability of Eligibility: May Courts Decide Who Can Be President?”
(Exhibit D) which, after extensive analysis of question relating to the
constitutional qualification cases relating to Senator John McCain of
Arizona and then Senator Barack Hussein Obama of Illinois, concluded:

“(F)ederal lawsuits challenging the presidential candidates’ eligibility
to serve as president are not justiciable, and it is questionable whether
any justiciable case could be brought in federal court as an initial
matter. Fortunately, there are alternative means to adjudicate this matter
that are consistent with the U.S. Constitution. The most promising is a
pre-election state-court lawsuit seeking to keep an allegedly unqualified
candidate off the ballot. In the event that a renegade state court rejects
a candidate who is, in fact, eligible or that two or more state courts
reach conflicting conclusions on a candidate’s eligibility, U.S. Supreme
Court review should be available as a backstop. This avenue seems less
fraught with peril than congressional resolution of the matter, given
Congress’ dubious legal authority to not count electoral votes of a
candidate it believes ineligible. Those who seek to challenge a
presidential candidate’s eligibility would thus be well-advised to dust
off their state election codes and head to state court.”

“14. In the prior action the Defendants’ council, Attorney General Sorrell
through his assistant Todd Daloz,  attempted to obfuscate and confound
both the Plaintiff and the Court  with the issues of “ripeness” and
“mootness” of the issues raised. First arguing that the answers sought
could not be raised until AFTER the election had been conducted – a
tortured interpretation of 17 V.S.A. § 2732 and shortly thereafter, with
equal absurdity, arguing that the issues had become moot with the passage
of time.”

“22. In the 2016 Presidential Election, in addition to Socialist Party
candidates Lindsay and Osorio, who have vowed to run in every election
regardless of their constitutional qualification debility; three of the
Republican Party candidates are known to have birth circumstances that
preclude their qualifying for the office they are seeking.
(a) – Texas U.S. Senator, Rafael Edward (Ted) Cruz, was born in Calgary,
Alberta, Canada, to a Cuban citizen father, Rafael, who became a
naturalized U.S. citizen in 2005, long after his son’s birth.
(b) – Louisiana Governor, Piyush (Bobby) Jindal, was born in Baton Rouge,
LA to Indian nationals who had recently arrived in the U.S. on visas at
the time of their son’s birth. His father, Amar, was in the U.S. on a P3-1
professional work visa while his mother, Raj, was in the U.S. on a student
visa: neither was a U.S. citizen at the time of their son’s birth. (c) –
Florida U.S. Senator, Marco Antonio Rubio, was born in Miami, FL to two
Cuban nationals who came to the U.S. before Castro came to power. Mario
Rubio Reina and Oriales (Garcia) Rubio left Cuba in 1956 and continuously
resided in Miami, however they did not become naturalized citizens until
1975, when Marco was already four years old.

None of the above mentioned candidates meet the “natural born Citizen”
qualification set forth in the U. S. Constitution for serving as President
of the United States and Commander in Chief of the Military. Mario Apuzzo,
Esq. has written a dissertation delineating the debilities of each of
these candidates which bars their serving:  “Senator Cruz, Senator Rubio,
and Governor Jindal Should Not Be Allowed to Participate…(2015)”  (Exhibit
H).”

Exhibits:

Some legal scholars maintain that being a citizen at birth qualifies as being a natural born citizen.

Even by that standard, according to the US Citizenship and Immigration Services, Cruz is not a natural born citizen.

Ted Cruz is not a natural born citizen and not eligible for presidency, Not a citizen at birth, Not born after November 14, 1986, Media and Democrats are waiting to challenge Cruz, Ted Cruz must request advisory opinion from FEC

Obviously, the US Supreme Court needs to do their duty and settle this matter once and for all, irrespective of the impact on Barack Obama.

 

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