Category Archives: Natural born citizen

Commander in Chief and Lt. Col. Terry Lakin challenged Obama’s eligibility and birth certificate, Donald Trump in White House, Lakin spent six months in Leavenworth and was dishonorably discharged, Sign petition to pardon Lakin

Commander in Chief and Lt. Col. Terry Lakin challenged Obama’s eligibility and birth certificate, Donald Trump in White House, Lakin spent six months in Leavenworth and was dishonorably discharged, Sign petition to pardon Lakin

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”…Thomas Paine

I, [name], do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.”…US Military officer’s oath of office

“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, now Commander in Chief, and Lt. Col. Terry Lakin both challenged Obama’s eligibility and birth certificate.

Trump now controls the White House.

Lakin spent six months in Leavenworth and was dishonorably discharged.

They were both doing their constitutional duty when they questioned Obama.

There is still zero proof of Obama’s US birth and eligibility to have been POTUS.

From Citizen Wells December 8, 2010.

“Which part of “Chain of Command” do they not understand?

From Citizen Wells September 5, 2010.

“From the US Army Study Guide.

Chain of Command List

Posted Monday, July 23, 2007

Commander-in-Chief  -President George W. Bush
Chairman Joint Chiefs of Staff  -General Peter Pace
Army Chief of Staff
-General George W. Casey, Jr.
Theater Commander  –
Corps Commander  –
Division Commander  –
Brigade Commander  –
Battalion Commander  –
Company/Troop Commander  –
Platoon Leader  –
Section/Squad/Team Leader”

Read more:

https://citizenwells.wordpress.com/2010/09/05/lakin-court-martial-commander-in-chief-chain-of-command-citizen-wells-open-thread-september-5-2010/

LTC Terry Lakin memo dated November 20, 2009.

“MEMORANDUM FOR General Casey, Chief of Staff, U.S. Army

SUBJECT: Complaint of Wrongs Under Article 138, UCMJ (AR 27-10)

1. I would like to officially submit a complaint under Article 138, UCMJ against General Casey, Chief of Staff of the Army. I believe General Casey is following and promulgating invalid and/or illegal orders from a person that is not eligible to be the Commander-in-Chief of our Armed Forces.”

Read more:

http://www.safeguardourconstitution.com/images/stories/documents/apf05-ucmjarticle138nov16.pdf

JAG letter to LTC Lakin dated December 11, 2009.
“This responds to your November 20, 2009, memorandum to General George Casey, Chief of Staff, U.S. Army, subject: Complaint of Wrongs Under Article 138 (AR 27-10).”
Army Regulation 27-10, paragraphs 20-4b and 20-4e define the terms “commanding officer” and “wrong,” respectfully. A “commanding officer” is “[a]n officer in the complainant’s chain of command, up to and including the first officer exercising general court-martial jurisdiction over the complainant, authorized to impose nonjudicial punishment (Article 15, UCMJ) on the complainant.” General Casey does not meet the definition of “commanding officer” because he is not a member of your chain of command and he does not have the authority to impose nonjudicial punishment on you.”

“Robin N. Swope
Colonel, US Army
Chief, Administrative Law Division”

Read more:

http://www.safeguardourconstitution.com/images/stories/documents/apf06-jagletter0717_001.pdf

Which part of “Chain of Command” do they not understand?

Obama, if he were eligible to be president, would be in this chain of command. Since he is not eligible, he should immediately be arrested. If you are in the military, including, but not limited to General Casey, and you are not involved in removing or at least challenging the usurper in the White House, you should be court martialed, not LTC Lakin. If you are involved in preventing LTC Lakin from challenging the usurper, Obama, from doing his sworn duty as a military officer, you should be shot.”

https://citizenwells.com/2010/12/08/ltc-terry-lakin-court-martial-chain-of-command-us-army-study-guide-general-george-casey-chief-of-staff-citizen-wells-open-thread-december-8-2010/

From the Post & Email January 26, 2017.

“In a pre-recorded interview from Thursday morning between Fox News’s Sean Hannity and President Donald Trump, Trump said he is currently “looking at” the request for a pardon for U.S. Navy sailor Christian Saucier, who was convicted of mishandling classified information after taking photos with his cell phone of an area of the submarine on which he was stationed.”

“Hannity also mentioned 1st Lt. Clint Lorance, who was convicted at court-martial of murdering three Afghan men on motorcycles who he believed were about to launch a terrorist attack against his unit in July 2012.”

“Although given a much shorter sentence, Lt. Col. Terry Lakin, a former flight surgeon, spent six months in Leavenworth and was dishonorably discharged from the Army, with loss of pay and benefits, for questioning Barack Obama’s eligibility in 2010.

Lakin’s case was not mentioned by either Trump or Hannity, although Trump said he was examining “several” pardon requests which constitutionally, only the chief executive may grant.

In his final weeks, Obama issued pardons to a significant number of drug dealers, to individuals convicted of “conspiracy to embezzle” and mail fraud, and interestingly, to an individual convicted of “conspiracy to defraud the United States by knowingly and without lawful authority producing false identification documents.”

Obama’s identification documents were found to be fraudulent by a five-year criminal investigation whose findings were recently affirmed by two highly-respected forensics analysts as divulged in a December 15 press conference.

Obama’s alleged “long-form” birth certificate was released by the White House on April 27, 2011 “with the intent to deceive,” according to the probe’s chief investigator, Mike Zullo.

A petition referenced on a website established to tell Lorance’s story references a whitehouse.gov petition asking for a pardon which appears to no longer be available to the public.”

Read more:

http://www.thepostemail.com/2017/01/26/trump-looking-at-pardon-request-for-sailor-and-several-others/

PETITION:

“Reinstate Lt. Col. Terry Lakin into the U.S. Army with full rank, pay, benefits and pension immediately.”

“The former Lt. Col. Terrence Lakin was a highly-decorated Army flight surgeon who questioned whether or not the orders he received from Obama were legitimate. Court-martialed, imprisoned, expelled from the Army and denied pay, pension and benefits, Terry was merely following his officer’s oath and constitutional duty. It is an outrage that this was allowed to happen. Obama refused to answer Terry’s letter and ended up producing a forged birth certificate. Terry who was a medical doctor is a valuable asset to the American military and the fact that his military chain of command and his congressional representatives allowed him to be court-martialed and run out of the army is an outrage for all Americans. This grave injustice needs to be addressed and corrected ASAP.”

SIGN HERE:

https://petitions.whitehouse.gov/petition/reinstate-lt-col-terry-lakin-us-army-full-rank-pay-benefits-and-pension-immediately

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

 

AP specializes in Fake News and now wants to fight it?, Associated Press to implode?, Real news from Citizen Wells and citizen journalists exposes AP lies, For example: “State officials say there’s no doubt Barack Obama was born in Hawaii.” is a lie, Dr. Chiyome Fukino did not say that!

AP specializes in Fake News and now wants to fight it?, Associated Press to implode?, Real news from Citizen Wells and citizen journalists exposes AP lies, For example: “State officials say there’s no doubt Barack Obama was born in Hawaii.” is a lie, Dr. Chiyome Fukino did not say that!

“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

“The past, he reflected, had not merely been altered, it had
actually been destroyed. For how could you establish, even
the most obvious fact when there existed no record outside
your own memory?”…George Orwell, “1984″

 

 

The Associated Press, AP, specializes in fake news, aka lies and now they want to fight it???

As soon as I saw this further evidence of fake news I was reminded of one of numerous AP articles that have been challenged by Citizen Wells and other internet journalists.

And Since Obama’s birth certificate was further challenged yesterday in a press conference by Mike Zullo and Sheriff Arpaio, it is fitting to present this example.

Here is the press release from Dr. Fukino from October 31, 2008.

HIhealthDept

Here is the text:

“For Immediate Release: October 31, 2008 08-93
STATEMENT BY DR. CHIYOME FUKINO
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawai‘i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.
“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.
“No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawai‘i.””

Here is the AP article ( BTW, I had to retrieve it from the Wayback Machine )

State declares Obama birth certificate genuine

HONOLULU (AP) — State officials say there’s no doubt Barack Obama was born in Hawaii.

Health Department Director Dr. Chiyome Fukino said Friday she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.

Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama’s certificate be handled differently.

She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest.

Some Obama critics claim he was not born in the US.

Earlier Friday, a southwest Ohio magistrate rejected a challenge to Obama’s citizenship. Judges in Seattle and Philadelphia recently dismissed similar suits.”

On November 1, 2008 Citizen Wells responded.

“Notice the heading and first sentence implying that the Hawaiian Health Department officials had stated that Obama was born in Hawaii.

Next notice that there are no quotes from either official that state that Obama was born in Hawaii. Where I come from that is not just Orwellian, but an outright lie.”

https://citizenwells.com/2008/11/01/obama-birth-certificate-ap-news-release-dr-chiyome-fukino-alvin-onaka-october-31-2008-health-department-director-ap-misleading-andy-martin-obama-camp-lies-factcheckorg-breaking-news/

On November 28, 2008 American Thinker adds.

“A. Associated Press reported about a statement of Hawaii Health Department Director Dr. Fukino, “State declares Obama birth certificate genuine.”

 

B. That October 31, 2008 statement says that Dr. Fukino “ha[s] personally seen and verified that the Hawai’i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”  That statement does not, however, verify that Obama was born in Hawaii, and as explained above, under Hawaiian policies and procedures it is quite possible that Hawaii may have a birth record of a person not born in Hawaii.  Unlikely, but possible.

 

C.  The document that the Obama campaign released to the public is a certified copy of Obama’s birth record, which is not the best evidence since, even under Hawaiian law, the original vault copy is the better evidence.  Presumably, the vault record would show whether his birth was registered by a hospital in Hawaii.

 

D. Without accusing anyone of any wrongdoing, we nevertheless know that some people have gone to great lengths, even in violation of laws, rules and procedures, to confer the many benefits of United States citizenship on themselves and their children.  Given the structure of the Hawaiian law, the fact that a parent may register a birth, and the limited but inherent potential for human error within the system, it is possible that a parent of a child born out-of-state could have registered that birth to confer the benefits of U.S. citizenship, or simply to avoid bureaucratic hassles at that time or later in the child’s life. “

Read more: http://www.americanthinker.com/2008/11/why_the_barack_obama_birth_cer.html#ixzz4T12xdnTE

The statement made by the AP:

“State officials say there’s no doubt Barack Obama was born in Hawaii.”

Is a LIE!

The only question is that was it intentional or unintentional.

It definitely qualifies as fake news.

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

 

 

 

H. Brooke Paige v. State of Vermont, Secretary of State, James Condos, Attorney General William Sorrell, Rafael Edward Cruz and Marco Antonio Rubio oral argument November 30, 2016, Audio and transcript

H. Brooke Paige v. State of Vermont, Secretary of State, James Condos, Attorney General William Sorrell, Rafael Edward Cruz and Marco Antonio Rubio oral argument November 30, 2016, Audio and transcript

“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

“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

 

From H. Brooke Paige.

H. Brooke Paige v. State of Vermont, Secretary of State, James Condos, Attorney General William Sorrell, Rafael Edward Cruz and Marco Antonio Rubio  November 30, 2016

Transcript:

https://www.scribd.com/document/332952543/H-Brooke-Paige-v-State-of-Vermont-Secretary-of-State-James-Condos-Attorney-General-William-Sorrell-Rafael-Edward-Cruz-and-Marco-Antonio-Rubio-Tr

From Mr. Paige today:

“With a Little Divine Intervention !

I know that many do not believe that “the big guy” keeps an eye out for us – even when we ask him to do so, today was one of those days that again confirmed, at least for me, that He most certainly does – truly the “invisible hand” rested firmly on my shoulder as I discussed the A/G’s procedural objections and the underlying merits of the case with the Vermont Supreme Court Justices

The justices were well read on the case and asked pointed question. primarily on the procedural issues of standing, venue, jurisdiction and timeliness (mootness/ripeness), One justice stated to AA/G Daloz that “I believe that we will get past the procedural questions” to the issues of the case and then asked several probing question that Daloz seemed ill-prepared to address. Rubio’s “K Street” attorney, Brady Toesing was in attendance but had informed the court that he would not participate in Oral Argument – a decision he may now regret (I suspect that Rubio cut the cash flow to Brady?).

Daloz suggested that if the court found in my favor, that the case should be returned to the lower court for further briefing – however the justices did not seem amused, enquiring how additional briefing could help to clarify the issues. Between the lower court and the Supreme Court docket, the combined parties, State Defendants, Cruz and Rubio and I have submitted over a three thousand pages of material (taking up two file drawers in the clerk’s office!) I believe that the Attorney General’s office fears that if the court proceeds to the merits the issue of the Sec. of State’s responsibility to prohibit unqualified candidates from ballot access, the court’s jurisdiction to decide and the underlying question of confirming the SCOTUS definition of the birth circumstances* will not go well for the opposition !

It was a Good Day for Justice in the Green Mountains !”

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

Paige v. State of Vermont et al Docket 2016-202 November 30,2016 – 10:30 am, Plaintiff H. Brooke Paige, Natural born citizen status of Ted Cruz and Marco Rubio challenged, Issue not moot since Rubio and Cruz are considering another run for president

Paige v. State of Vermont et al Docket 2016-202 November 30,2016 – 10:30 am, Plaintiff H. Brooke Paige, Natural born citizen status of Ted Cruz and Marco Rubio challenged, Issue not moot since Rubio and Cruz are considering another run for president

“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

“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

 

 

From H. Brooke Paige today, November 29, 2016.

“Oral Arguments Before the Vermont Supreme Court in Paige v. State of
Vermont, et al* – Docket 2016-202 scheduled for November 30,2016 – 10:30
am

Justice moves slowly here in the Green Mountains, even when you are on an
expedited schedule. My ballot challenge which began last fall with a
complaint to the Secretary of State’s elections office was appealed to the
Vermont Superior Court last December. By February all necessary parties
had been enjoined and the process of briefs, reply briefs and sur-reply
brief were submitted in a timely fashion. The Superior Court ruled as
expected finding that, contrary to establishes precedents in the state,
that I had no standing, the court had no jurisdiction and the issues were
either moot or not yet ripe !  Judge Tomasi did not address the
“natural-born Citizen” issue directly, however did refer to and speak
approvingly of “the recent and exhaustive treatment of the natural-born
citizen issue by New Jersey Administrative Judge Jeff Masin in Williams v.
Cruz No. STE 5016-16,(April 12, 2016 Office of Admin. Law N.J.).” and thus
provided the opportunity to address the issue on appeal

The appeal process of principle brief, opposition briefs and finally my
reply brief were all completed by  appellee’s  State of Vermont and Mr.
Cruz. Mr. Rubio decided not to participate in the appeal process relying
on the Vermont State Attorney General to represent his interests. Nothing
in the Appellee’s briefs provided any new insight to the issue merely
reciting the well-worn writings of Jack Maskell’s  Congressional Research
Service” report, the latest version including his ever expanding
definition which attempts to be inclusive of the birth circumstances of
both Rubio and Cruz! Interestingly, a recent ruling on a local ballot
challenge, Noble v. Sec’y of State, is directly on point as standing,
jurisdiction, venue and timeliness, all ruled in the plaintiff’s favor
allowing the case to proceed to the merits. Additionally, since the Court
preciously noted that since  Rubio and Cruz are considering another run
for president the passage of the current election cycle does not make the
question of their “nbC” qualification moot.

So tomorrow is the day, I have spent a great deal of time reviewing the
briefs and related material and I guess I am as prepared as I can be.  It
is a daunting and challenging task for a pro se litigant to face off
against the resources of the state and two sitting U.S. senators. Please
ask your followers to say a prayer for me; a little divine intervention
would be most helpful.

All the Best,

Brooke”

Perhaps this will make it to the “Trump” US Supreme Court.

This issue must be settled for the good of the country.

Natural Born Citizen.

I salute Mr. Paige for his efforts.

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

Victor Williams petition for Administrative Review, April 14, 2016, To New Jersey Secretary of State Elections Division NJ Attorney General and Governor Chris Christie, Relied on fundamentally flawed decision by judge Jeff Masin

Victor Williams petition for Administrative Review, April 14, 2016, To New Jersey Secretary of State Elections Division NJ Attorney General and Governor Chris Christie, Relied on fundamentally flawed decision by judge Jeff Masin

“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

 

 

From Victor Williams April 14, 2016.
“An Opportunity for Governor Chris Christie and Lt. Governor Kim Guadagno

At 3:15 p.m. on April 14, 2016, I faxed a “Petition for Administrative Review” to the New Jersey Secretary of State, to her Elections Division, to the New Jersey Attorney General, and to the Office of the Governor Honorable Chris Christie.

I cut and paste the Petition below:

Petition for Immediate Administrative Relief

Objector/Candidate Victor Williams comes now to respectfully request any and all additional administrative or adjudicative relief that is available from the New Jersey Secretary of State Kim Guadagno in this consolidated case [AOL Docket No. 5016 (Williams) and AOL Docket No. 5018 (Powers)]. Williams asserts that the Secretary of State relied on a fundamentally flawed decision by Office of Administrative Law officer/judge Jeff Masin and that her “Final Decision” of April 13, 2016 was in serious error.

As Williams first argued in his filed exceptions (which the Secretary of State’s Final Decision states were accepted) Williams additionally asserts that the irregular appointment process by which Jeff Masin self-reported that he was “recalled” to preside over this matter seriously taints (if not voids) Jeff Masin’s April 12 decision upon which the Secretary of State relied.

Williams requests a fulsome reconsideration by the Secretary of State of her April 13, 2016 Final Decision and/or any other relief available from any New Jersey Executive branch office or officer. Williams requests a de novo review of the entire record of this consolidated proceeding including all parties objections communications, briefs, exceptions and legal memorandum as well as any and all internal AOL documents and communications. Williams requests a review of the basis for, and the possible prejudice inherent in, the Office of Administrative Law’s reported “recall” and appointment of Jeff Masin as administrative hearing judge for this consolidated case.

Additionally Objector/Candidate Victor Williams respectfully requests any and all additional administrative processes or adjudicative relief including that requested above that is available from any other New Jersey Executive branch officer or office – including from the Office of Governor Chris Christie.

Williams makes these requests in good faith seeking to immediately exhaust all possible Executive and agency branch processes for relief of the consolidated case prior to advancing this case to the New Jersey judiciary.

Respectively submitted on this 14th day of April, 2016″

Read more:

http://victorwilliamsforpresident.com/shame-on-lt-govseretary-of-state-kim-guadagno

Read more:

https://citizenwells.com/

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

“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

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

 

 

From The Legal Intelligencer March 21, 2016.

“The Pennsylvania Supreme Court has set a quick timetable in the appeal of a ruling allowing Sen. Ted Cruz, R-Texas, to remain on the state’s presidential primary ballot.

The court said Monday that challenger Carmon Elliott had until 4 p.m. Tuesday to submit his brief in Elliott v. Cruz. Presidential hopeful Cruz then has until 4 p.m. Wednesday to file his response. There was no indication of whether or when oral arguments would be scheduled in the case. Pennsylvania’s primary is scheduled for April 26. The court did say in its order that the parties could submit the same briefs they submitted to the Commonwealth Court.

Elliott, who represented himself before the lower court, is now being represented by Norristown attorney David J. Farrell, who had initially submitted his own challenge to Cruz’s ballott eligibility but withdrew it in advance of the Commonwealth Court hearing.

Commonwealth Court Senior Judge Dan Pellegrini rejected earlier this month Elliott’s claim that Cruz was not a “natural-born citizen” as defined by the U.S. Constitution because he was born in Canada to a mother who was a citizen of the United States.

Pellegrini spent half of his decision determining whether the judiciary had jurisdiction over questions of eligibility to run for president. Cruz argued it was a question only for the Electoral College or Congress to determine, and that the court should be barred from hearing it under the political-question doctrine. But Pellegrini rejected that contention, finding there was no support for it under various sections of the U.S. Constitution, nor under the 12th Amendment. In doing so, he became what appears to be the first judge in the country hearing Cruz ballot challenges to address the merits of the issue.

The dispute as to whether Cruz was a ­citizen eligible for the presidency came down to the interpretation of Article II, Section 1, Clause 4 of the U.S. Constitution, which states that “‘no person except a natural born citizen, or a citizen of the United States … shall be eligible to the office of president.'”

Pellegrini said the term “natural-born ­citizen” was not defined and the U.S. Supreme Court has never addressed its meaning within the context of the eligibility of a candidate.

Elliott is a registered Republican voter in Pennsylvania. He argued “natural-born citizen” required a candidate to be born within the geographical boundaries of the United States to be eligible. Cruz, on the other hand, argued he was a natural-born citizen regardless of where he was born because his mother was a U.S. citizen when he was born and Cruz was therefore a U.S. citizen from the time of his birth, Pellegrini said.”

Read more:

http://www.thelegalintelligencer.com/id=1202752679252/Appeal-of-Cruzs-Ballot-Eligibility-FastTracked#ixzz4478Divhp

From the Indiana Law Review:

“D. Whether a State May Refuse To Put a Presidential Candidate on the Ballot Because It Concludes the Candidate Is Not Qualified ”

” If a state chooses to evaluate the qualifications of presidential candidates, there is no inherent power of Congress standing in its way,”

“Just as there was historical precedent for states including unqualified candidates on the presidential ballot, so, too, is there precedent for states excluding unqualified candidates from the ballot. In fact, there has been a trend of state regulation increasingly scrutinizing the qualifications of presidential candidates, even apart from pending legislation in the “birther” context.”

“They arguably have the power to add qualifications to candidates seeking the office of President.359 The less intrusive step of examining existing constitutional qualifications is likely within the purview of state control.”

“The 20th Amendment does not prevent a state from excluding a presidential or a vice presidential candidate who is not qualified to hold the office.”

“A state inquiry into qualifications could take one of several forms.377 It might be simply ministerial, requiring candidates to verify that they are qualified. It could include a certification, such as a signature under penalty of perjury affirming that one meets the qualifications. It may require a low level of verification, such as an attachment of copies of documentary support for proof of residence and citizenship. Or it may require a high level of verification, such as original source documents (like a “long-form birth certificate”). The inquiry might be required as a disclosure when a candidate seeks to file for office, or as one that an election official is authorized to make under certain circumstances. Such state regulations would be permissible as long as they simultaneously existed within other constitutional boundaries.”

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11145&context=ilj

Hat tip to CDR Charles Kerchner.

 

Einer R. Elhauge US Supreme Court Amicus brief, Ted Cruz not eligible as natural born citizen, Harvard Law Professor, Former Chairman of Obama Antitrust Advisory Committee

Einer R. Elhauge US Supreme Court Amicus brief, Ted Cruz not eligible as natural born citizen, Harvard Law Professor, Former Chairman of Obama Antitrust Advisory Committee

“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

“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

 

This would have been reported earlier except for problems accessing Birther Report.

Another Harvard Law Professor states in a Amicus Brief to the US Supreme Court that Ted Cruz is not eligible for the presidency as a natural born citizen.

From Birther Report March 16, 2016.

“Harvard Law Professor Files Amicus Curiae Brief
In Canadian-Born Cruz NY Ballot Access Challenge

Harvard Law Professor, Former Chairman of the Antitrust Advisory Committee to Obama’s campaign, Einer Elhauge, filed an amicus brief at the New York Supreme Court advising the court that Canadian-born Ted Cruz is not eligible to be president under the Article II natural born Citizen requirement. Elhauge also says it’s not a political question.”

“In short, the text, history, canons of interpretation, contemporaneous dictionaries, and other evidence strongly indicate that by “natural born citizen” the Constitution meant someone who was a natural born citizen at common law, meaning someone who was born either (a) in a United States territory or (b) to a U.S. official serving his country abroad. Contrary to the Cruz brief, see Cruz Brief at 33, this understanding is entirely consistent with the common understanding that John McCain was a natural born citizen because McCain actually met both of these grounds. John McCain was both (a) born in a U.S. territory (the Panama Canal Zone) and (b) born to parents who were both U.S. soldiers serving their nation abroad. However, the Constitutional meaning of “natural born citizen” excludes Ted Cruz because he was (a) born in Canada rather than a U.S. territory (b) to a father who was not a U.S. citizen and to a mother who was a private U.S. citizen who was not serving for the U.S. in Canada.

The Constitutional Meaning of Natural Born Citizen Has Not Been Expanded by Decisions or Statutes. Contrary to the analysis above, the Cruz brief asserts that: “Every judicial decision and virtually every constitutional authority agrees that a ‘natural born Citizen’ is anyone who was a citizen at the moment he was born—as opposed to becoming a citizen through the naturalization process at some point after his birth.” Cruz Brief at 29.

The Supreme Court’s Understanding. The Cruz Brief’s assertion that “every judicial decision” adopted this understanding of “natural born citizen” conflicts with the very first decision the brief cites in support of this claim, United States v. Wong Kim Ark, 169 U.S. 649 (1897). That Supreme Court decision expressly stated:

Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or 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 by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

Id. at 702-03. The highlighted portion of Wong Kim Ark thus explicitly stated that persons who are born abroad and become citizens at birth only because a Congressional statute makes them so are “naturalized”, not natural born citizens.”

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