Category Archives: US Constitution

Walter Wagner US Supreme Court response due by May 5, 2016, Ted Cruz eligibility petition for a writ of certiorari, Cruz not natural born citizen born in Canada

Walter Wagner US Supreme Court response due by May 5, 2016, Ted Cruz eligibility petition for a writ of certiorari, Cruz not natural born citizen born in Canada

“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

 

Utah lawyer Walter Wagner has a petition for a writ of certiorari before the US Supreme Court in his challenge that Ted Cruz is not a natural born citizen. The petition is on the docket and a response is indicated by May 5, 2016.

No. 15-1243
Title:
Walter L. Wagner, Petitioner
v.
Rafael Edward Cruz
Docketed: April 5, 2016
Lower Ct: United States Court of Appeals for the Tenth Circuit
  Case Nos.: (16-4044)
Rule 11

 

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 29 2016 Petition for a writ of certiorari before judgment filed. (Response due May 5, 2016)

 

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/15-1243.htm

 

From UPI April 9, 2016.

“A Utah lawyer has appealed a lawsuit to the U.S. Supreme Court, alleging Republican presidential candidate Texas Sen. Ted Cruz is not a “natural born citizen” and therefore ineligible to become president.

Legal scholars say there is virtually no chance the high court will consider the appeal, partly because they do not want to encourage a wave of similar suits.

Cruz has faced questions about his eligibility to become president from his chief rival, Donald Trump. Cruz was born in Canada, though his mother is a U.S. citizen.

The U.S. Constitution sets only a few standards for presidential eligibility. Candidates must be 35, have lived at least 14 years in the country and be a “natural born citizen.”

To some, legal vagaries exist surrounding the constitutional language. Congress has never passed a law explicitly defining the term “natural born citizen” and the nation’s founding document does not specify what qualifications someone must have.

For centuries, the courts have fallen back to the British common law explanation, that a “natural born citizen” is anyone who is granted citizenship at birth and, therefore, does not have to undergo any naturalization process later in life. Traditionally, that has included anyone born on American soil and the children of American citizens born abroad.

But that definition has generally not been tested in courts because federal judges are first bound to consider whether a plaintiff has standing to bring a lawsuit. To establish standing, someone making allegations has to pass the threshold they have been personally injured in some way.”

“”Like the courts that have ruled on this question, this court holds that Mr. Wagner lacks standing to bring his claim,” Parrish said in her ruling. “It is not enough for an individual to bring a lawsuit based on his status as a ‘citizen’ or a ‘taxpayer.'”

“The harms alleged by Mr. Wagner are conjectural and hypothetical at best,” Parrish concluded.”

Read more:

http://www.upi.com/Top_News/US/2016/04/09/Ted-Cruz-birther-lawsuit-appealed-to-Supreme-Court/4101460240964/

Read more:

https://citizenwells.com

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.”

Read more:

http://www.birtherreport.com/2016/03/obama-advisor-harvard-law-professors-ny.html

 

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

“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

 

 

Two state ballot entities recently ruled on Ted Cruz remaining on their ballots.

The Illinois state board of elections ruled that Ted Cruz is eligible as a natural born citizen.  IL is consistently listed as one of the most corrupt states in the US and the home of Obama, another non natural born citizen.

No surprise.

The New Hampshire ballot commission took a more honest approach.

“If there is a clear ruling on some issues that somebody clearly doesn’t meet, we would apply it. If there is a constitutional uncertainty about the meaning of something – which from my research and from all the stuff that was thrown at us at the commission there certainly is about the natural born citizen thing — we don’t undertake to make that decision,”

I was disappointed to find what I consider to be the most inaccurate article I have uncovered at American Thinker, February 5, 2016.

“Illinois and New Hampshire Agree Cruz is a Natural Born Citizen”

“Trump persists that Cruz’s citizenship is still an open question. It is not, and the election boards of two states, New Hampshire and Illinois, have now ruled, in response to complaints, that Sen. Ted Cruz is indeed, under the laws and Constitution of the United States, a “natural born citizen” fully eligible to be President of the United States. As the Washington Examiner reported:”

“A ballot commission in New Hampshire also ruled in favor of Cruz in January, but the language in Monday’s decision by the Illinois board took a stronger tone than the previous ruling, warning other skeptics, “Further discussion on this issue is unnecessary.””

“Indeed, it is unnecessary. The question of Cruz’s citizenship has been asked and answered. Is Trump saying that a baby born in Paris to a vacationing American family is not eligible to run for president and must be “naturalized” like some illegal alien from Guadalajara?

Some noted legal scholars would beg to differ from Trump’s concern that Cruz is not in fact a “natural born” citizen.

Jonathan Adler, who teaches courses in constitutional, administrative, and environmental law at Case Western University School of Law, writes in the Washington Post:

Ted Cruz was born in Canada. His mother was a U.S. citizen. His father, a Cuban, was not. Under U.S. law, the fact that Cruz was born to a U.S. citizen mother makes him a citizen from birth. In other words, he is a “natural born citizen” (as opposed to a naturalized citizen) and is constitutionally eligible.”

“Also agreeing with Cruz’s eligibility are two constitutional scholars who have argued cases before the U.S. Supreme Court. As the Washington Post reported:

Writing in the Harvard Law Review, two former top Supreme Court litigators, Neal Katyal and Paul Clement, said: “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.”

“Now two state boards of election have certified Cruz’s eligibility, which is beyond dispute, no matter how much Trump whines, pouts, and throws out groundless accusations.”

Read more:

http://www.americanthinker.com/articles/2016/02/illinois_and_new_hampshire_agree_cruz_is_a_natural_born_citizen.html

Aside from being wrong on the definition of natural born citizen, this article is blatantly inaccurate:

New Hampshire did not rule that Cruz is a natural born citizen.

It omitted the opinion of constitutional expert Laurence Tribe of Harvard:

“Cruz says this is all settled law, but Harvard’s Laurence Tribe disagrees.

“It clearly is not settled law,” Tribe said in recent an interview.”

“That’s because Tribe says Cruz is a constitutional “originalist,” who believes the document should be followed to the letter. Tribe says jurists who share such a view might well conclude that Cruz is not eligible to be president — because he was not born in America.

According to Tribe, this shows that Cruz is trying to have it both ways.”

http://www.wbur.org/2016/01/15/donald-trump-ted-cruz-laurence-tribe-citizenship

From The Dallas Morning News November 24, 2015.

“The New Hampshire ballot commission today rejected efforts to kick Canada-born Sen. Ted Cruz off the primary ballot based on his birth outside the United States.

That clears a key legal and political obstacle as the Texas Republican seeks the GOP nomination for president. But it’s not a clear win on the question of eligibility.

Rather, the panel found that with the law of eligibility so murky, it can’t second-guess the senator’s own claims that he passes constitutional muster. Neither the U.S. Supreme Court nor any other authority has explicitly ruled that someone like Cruz — born on foreign soil, with one American parent – can or cannot be president.

“It would be really nice if somebody would get this issue of law decided who has authority to decide constitutional issues, so every four years we don’t have this come up again,” said Manchester attorney Brad Cook, a Republican who chairs the 5-member New Hampshire Ballot Law Commission.”

Read more:

http://trailblazersblog.dallasnews.com/2015/11/regardless-of-canadian-birth-ted-cruz-survives-ballot-challenge-in-new-hampshire.html/

AMERICAN THINKER OWES THE PUBLIC AN APOLOGY.

Trump will debate Ted Cruz when federal judge rules him eligible, Cruz is an arrogant fool for not addressing this earlier, Trump campaign manager sent message

Trump will debate Ted Cruz when federal judge rules him eligible, Cruz is an arrogant fool for not addressing this earlier, Trump campaign manager sent message

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

 

 

Obama and Ted Cruz went to Harvard Law School.

That speaks volumes.

Ted Cruz should have gotten a ruling on his eligibiilty to be president as a natural born citizen many months ago.

Ted Cruz is an arrogant fool for not doing so.

From the Daily Mail January 29, 2016.

“Trump campaign manager to Ted Cruz: We’ll debate you one-on-one as soon as a judge says you’re eligible to be president!”

“Republican presidential front-runner Donald Trump on Friday said his campaign will debate his closest rival for the party’s nomination head-to-head – but only if a federal judge says so.

Trump, the New York real estate tycoon who boycotted Thursday night’s presidential debate because of a long-running personal feud with one of the network’s reporters, signaled Friday that he would be happy to debate Texas Sen. Ted Cruz.

DailyMail.com asked Trump if he was serious about resisting Cruz until a court decides on his presidential electability.

‘Well, I think you’ve got a real problem. I think Cruz has a real problem… I would do that. I would absolutely do that. But they’ve got to rule. He’s got to go for a declaratory judgment,’ Trump said aboard his private jet on the tarmac in Des Moines, Iowa.”

“Trump went on to joke that he would debate Cruz in Canada – ‘to give him home-field advantage,’ before pledging to attend next Saturday’s Republican debate in Manchester, N.H.

But already Trump’s campaign manager, Corey Lewandowski, had dismissed Cruz’s proposal as nothing more than a ‘publicity stunt.’

‘What we’ve said to Ted Cruz: Go into court, seek a declaratory judgment to find out if you’re even legally eligible to run for president of the United States,’ he said Thursday in a Boston radio interview.

‘That’s the first thing. Once you’ve gotten that ruling from the federal judge and you’re the last man standing in this presidential contest next to Donald Trump, we’ll be happy to have a debate with you one-on-one, anywhere you want, because that’s the way the system works,’ Lewandowski said.

‘But, as it stands right now, we don’t even know if Ted Cruz is legally eligible to run for president of the United States.'”

Read more:

http://www.dailymail.co.uk/news/article-3422990/Trump-campaign-manager-Ted-Cruz-ll-debate-one-one-soon-judge-says-eligible-president.html

 

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

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/

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

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/

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?

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.

https://citizenwells.com/2015/03/16/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