Cruz’s ‘Natural-Born Citizen’ Status Tested in Birther Suit

Ok here we go.

Looks like Trump was right to tell Cruz to get his birther issue resolved before somebody else tries.

A Houston lawyer has filed a lawsuit go get it straight.

The man claims no campaign affiliations and says this needs to be addressed before the upcoming elections.

Cruz and Trump went at it with each other in the Republican debates last night.

Never a dull moment.



Cruz’s ‘Natural-Born Citizen’ Status Tested in Birther Suit

Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court.

The suit seeks a court definition of the term to clarify whether Cruz -- who was born in Canada to an American mother -- can or can’t serve if elected.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

Dohhhhh !!

a reply to: xuenchen
Jim Bohannon had a lady from West Chester University on his radio show last night and she explained the issue. She says that Cruz is NOT eligible to run for POTUS. He was born in Canada and that is not in dispute. He is a US citizen because his mother was a US citizen when he was born..... but he was born in a foreign country, so he is not a natural born citizen.

I've noticed the media seems to be ok with these charges and I've yet to hear anyone call it racist. Who could ever guess why such a contradiction is so?

Sorry, she is from Widener University- Delaware School of Law.

Here is a link to her Washington Post opinion piece:
Washington Post

a reply to: xuenchen

again Cruz is not my first pick here, but lets be honest. Cruz like he said, has spent his whole career defending the constitution in the highest court in the land, Successfully I might add and even against a former president of the united states, claiming victory.

Im going to take his word over Trumps any day on what the constitution allows and doesnt.

Im sure hes not concerned with anyone bringing it to court, dont look for this to slow him down, and to be honest I think this pursuit after Trump already stated not 3 months ago that there was no question Cruz is eligible, is going to hurt Trump

it exposes just how two faced and dishonest he really is.

a reply to: xuenchen

As far as I know, there are only two classes of US citizenship. Born and Naturalized. Ted Cruz was a citizen of the US when he was born, therefore making him a natural born citizen.

Is there some third class of US citizen that no one's every heard about?

originally posted by: TheBulk
I've noticed the media seems to be ok with these charges and I've yet to hear anyone call it racist. Who could ever guess why such a contradiction is so?

not worth it to derail the thread, my appologies

There is 'natural born citizen' and there's 'citizen at birth'. Two different things. Naturalized is a whole other deal.

Well the founders certainly wanted to segregate by use of term "natural" so we do need to decide what they mean.

a reply to: xuenchen
The same Newton B. Schwartz, Sr. that was suspended by the Bar of Pennsylvania for 3 years ? In 2014 ?

ORDERED that Newton B. Schwartz, Sr., is suspended on consent from the Bar of this Commonwealth for a period of three years retroactive to February 14, 2014, and he shall comply with all the provisions of Pa.R.D.E. 217.

Here
Also , same for Louisiana

by engaging in the unauthorized practice of law.

Hmmmm...

originally posted by: Xeven
Well the founders certainly wanted to segregate by use of term "natural" so we do need to decide what they mean.

Keep in mind none of the presidents at the time of the founders could have been president if you had to be born here in the US....(including the subsequent presidents there after)

That probably held some weight when they drew this whole thing up.

people are trying to confuse a really simple thing, in order to attack Cruz, just like they did with Obama

And its ridiculous

Naturalization Act of 1790

The original United States Naturalization Law of March 26,1790 provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were free white persons of good character. It thus excluded American Indians, indentured servants, slaves, free blacks, and Asians. It also provided for citizenship for the children of U.S. citizens born abroad, but specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States." It specifies that such children "shall be considered as natural born citizens," the only US statute ever to use the term.

* Bold emphasis is mine.

Source

As much as I dislike Cruz, this pretty much seals the deal...he is eligible for POTUS.

Considering Cruz was always questioning Obama's birth status, I guess this is a perfect example of what comes around goes around.

originally posted by: yeahright
There is 'natural born citizen' and there's 'citizen at birth'.

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.
...
The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British common law
3. See Smith v. Alabama, 124 U.S. 465, 478 (1888).
and enactments of the First Congress.
4. See Wisconsin v. Pelican Ins. Co., 127 U.S. 265, 297 (1888).
Both confirm that the original meaning of the phrase “natural born Citizen” includes persons born abroad who are citizens from birth based on the citizenship of a parent.
...
No doubt informed by this longstanding tradition, just three years after the drafting of the Constitution, the First Congress established that children born abroad to U.S. citizens were U.S. citizens at birth, and explicitly recognized that such children were “natural born Citizens.”

Harvard Law Review

a reply to: xuenchen

Well at least you can't blame democrats with sour grapes for dragging this waste of time out and putting it on display. It's funny how when Trump does it, we should all take his concerns seriously, but I'd bet if a Democrat such as Hillary said the same you'd be laughing at her while dragging up the hypocrisy of the Obama birther argument being used by Democrats.

For the record, I don't even LIKE Ted Cruz and I know this whole thing is a waste of time.

originally posted by: Krazysh0t
For the record, I don't even LIKE Ted Cruz and I know this whole thing is a waste of time.

I'd rather have Trump as our president than Ted Cruz... But I'm not going to use some lame Birther II argument to make him seem ineligible.

Trump couldn't be seen to be a hypocrite for the umpteenth time...

So he had to go with this angle no matter whether he believed it or not.

originally posted by: Benevolent Heretic
Harvard Law Review

That's certainly one opinion and learned though it may be, does not carry the weight of law.

originally posted by: butcherguy
a reply to: xuenchen
Jim Bohannon had a lady from West Chester University on his radio show last night and she explained the issue. She says that Cruz is NOT eligible to run for POTUS. He was born in Canada and that is not in dispute. He is a US citizen because his mother was a US citizen when he was born..... but he was born in a foreign country, so he is not a natural born citizen.

I'm not going to argue the laws with you on this because I don't have a clue if you are right or wrong.
But I would like to know what the location of an American citizens vagina has to do with the citizenship of the child. That just seems like a stupid rule to me.
My eight month pregnant wife goes to Canada for fries and gravy "cravings of pregnancy ya know", the kid decides to come early and is now not a citizen. That's kinda wrong to me.

originally posted by: WeRpeons
Considering Cruz was always questioning Obama's birth status, I guess this is a perfect example of what comes around goes around.

Please site your source on this

Some quotes of Cruz questioning Obamas eligibility are needed if you are going to make this accusation