Elliott v Cruz Petition for Writ of Certiorari Filed With U.S. Supreme Court

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Elliott v Cruz Petition for Writ of Certiorari Filed With U.S. Supreme Court | Attorney Mario Apuzzo

“On June 28, 2016, I  [Atty Apuzzo]  filed on behalf of Pennsylvania resident Carmon Elliott a Petition for a Writ of Certiorari with the U.S. Supreme Court.  The Petition can be accessed at https://www.scribd.com/document/317863645/Petition-for-a-Writ-of-Certiorari-Elliott-v-Cruz-Filed-6-28-16 .  The Court docketed the Petition on June 30, 2016.  Ted Cruz’s response to the petition is due by August 1, 2016.  The U.S. Supreme Court docket can be read at http://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-13.htm .

The parties stipulated in the Commonwealth Court of Pennsylvania that Cruz was born on December 22, 1970, in Calgary, Alberta, Canada; that his mother, Eleanor Darragh, was born on November 23, 1934, in the State of Delaware; that his mother is and has always been a U.S. citizen from the moment of her birth; that at the time of Cruz’s birth, his mother had been physically present in the United States for more than ten years, including at least five years after she reached the age of fourteen; and that Cruz was a citizen at birth.

Elliott filed a petition with the Pennsylvania Secretary of State to set aside the nomination petition of Ted Cruz pursuant to which he sought to appear on the April 26, 2016 primary election ballot for the Office of the President.  In his objection, petitioner alleged that given that Cruz was born out of the territory and jurisdiction of the United States, his name should be stricken from the Pennsylvania 2016 primary ballot because he is not a “natural born citizen” within the meaning of Article II, Section 1, Clause 5 of the United States Constitution.

Cruz filed his opposition, contending that the Elliott’s objection raised a non-justiciable political question.  As to the merits, Cruz contended that a person born to at least one U.S. citizen parent, regardless of where the child may be born, if a citizen at birth under any law, is an Article II natural born citizen through inheritance of citizenship from the parent (jus sanguinis) and without needing to be born in the United States (jus soli).

The lower court ruled that the political question doctrine did not apply and then went on to decide the merits of Elliott’s objection.  After discussing some articles written by some authorities, the court held that: “Having extensively reviewed all articles cited in this opinion, as well as many others, this Court holds, consistent with the common law precedent and statutory history, that a ‘natural born citizen’ includes any person who is a United States citizen from birth.  Accordingly, because he was a citizen of the United States from birth, Ted Cruz is eligible to serve as President of the United States, and the objection filed by Carmen Elliott to the Nomination Petition of Ted Cruz is denied.”

Elliott appealed the Order of the Commonwealth Court of Pennsylvania to the Pennsylvania Supreme Court, which affirmed that Order on March 31, 2016, and also denied Victor William’s Notice to Intervene as Appellant and Elliott’s application for oral argument.

In our Petition to the U.S. Supreme Court, we argue that the Pennsylvania Supreme Court has decided an important question of constitutional law concerning the definition of an article II natural born citizen that has not been but should be settled by the U.S. Supreme Court.  Having a person sit as President and Commander in Chief of the Military who is not a natural born citizen puts the national security of the United States vitally at risk.  Whether or not the President and Commander in Chief is legitimately sitting in those offices impacts the nation’s foreign policy.  The nation needs a definition of “natural born citizen” for future presidential and vice presidential elections.  Congress, the executive, the political parties, and the voters cannot define a natural born citizen.  Only the judiciary can define a natural born citizen. … ”

Continue reading at Attorney Apuzzo’s blog:  http://puzo1.blogspot.com/2016/07/carmon-elliott-files-petition-for-writ.html

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Read the: The Who What When Where Why and How of the “natural born Citizen” Term in Our U.S. Constitution

A Simple Euler Logic Diagram Shows Logical Relationship of “natural born Citizens” to Other Type “Citizens” of the United States. Only a “natural born Citizen” Can Constitutionally be the President and Commander in Chief or the Vice-President. Click on Image For More Information.

More historical and legal papers and analysis on the true constitutional meaning and intent of the founders and framers of the presidential eligibility clause, natural born Citizen, in our U.S. Constitution can be found at this link: http://www.scribd.com/collections/3301209/

CDR Charles Kerchner (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com/

P.S. Also read this essay regarding the constitutional term in the presidential eligibility clause “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: http://www.youtube.com/watch?v=esiZZ-1R7e8 and Part II: https://www.youtube.com/watch?v=xoaZ8WextxQ

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Ted Cruz: Neither a Natural Born Citizen Nor “TrusTed” | by Atty Mario Apuzzo

Click on image to read his new essay
Click on image to read his new essay by this constitutional Article II “natural born Citizen” term scholar and expert

Ted Cruz:  Neither a Natural Born Citizen Nor “TrusTed” | by Atty Mario Apuzzo

”  … “TrusTed” (one of his campaign slogans) Ted Cruz, born in a foreign nation to an alien father, is running for President.  Eligibility to be elected President is found in Article II, Section 1, Clause 5 which provides:  “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; neither shall any person be eligible to that office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”  Since Cruz was born in 1970, he must be not only a “citizen” of the United States, but a “natural born citizen” of the United States in order to be eligible to be elected President.  So, is Cruz a natural born citizen?  The answer is “no.”  …

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The Founders and Framers wrote the Constitution in a way that best provided for the protection of our unalienable rights to life, liberty, property, and the pursuit of happiness. They sought to do that by giving us a constitutional republic and providing for the survival and preservation of that republic. In the governmental scheme that they gave us, they provided for the Office of President and Commander in Chief, a singular and all-powerful office involving the concentration of both civilian and military power into one person. Because of such concentration of power in one individual, the Framers recognized that such offices also presented great risk to the republic and its people. They therefore gave us the “natural born Citizen” clause as one basis for eligibility to such offices. Through the natural born citizen clause, they instructed us that such power must fall into the hands of a person who can be trusted with it to the greatest degree possible and that such guarantee is of much greater importance to the survival and preservation of the constitutional republic than the fleeting politics and personal favor of having one person necessarily occupy that office. What is profound is that the Founders and Framers put their trust in “Nature and Nature’s God”[15] and not in political and legal institutions to accomplish that end. 

This historical and legal evidence, not meant to be exhaustive, provides a clear picture that Ted Cruz is not a natural born citizen and therefore not eligible to be President.[16]  So, is Ted Cruz a natural born citizen and to be “Trusted?”  I think not.  … “

Continue reading the entire new article by Atty Apuzzo’s at:  http://puzo1.blogspot.com/2016/03/ted-cruz-neither-natural-born-citizen.html

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CDR Charles Kerchner (Retired)
Lehigh Valley PA USA
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com
http://www.protectourliberty.org

Ted Cruz Cannot Constitutionally Stand for President or VP. He is Constitutionally Missing Two Legs!
Ted Cruz Cannot Constitutionally Stand for President and Commander in Chief or VP. He is Constitutionally Missing Two Legs!

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.
P.P.P.S. Obama is NOT a “natural born Citizen of the United States” to U.S. Constitutional standards. Read this essay regarding the legal term of art “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)”. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ Also read the “Three Legged Stool Test” for Natural Born Citizen https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8

Donald Trump Is Right to Retweet that Marco Rubio Is NOT a Natural Born Citizen | by Atty Mario Apuzzo

Click on image to read his new essay
Click on image to read his new essay by this constitutional Article II “natural born Citizen” term scholar and expert

Donald Trump Is Right to Retweet that Marco Rubio Is NOT a Natural Born Citizen | by Atty Mario Apuzzo

“Donald Trump retweeted that both Ted Cruz and Marco Rubio are not natural born citizens.  See https://twitter.com/realDonaldTrump/status/701045567783219201 .  George Stephanopoulos on Sunday, February 21, 2016, asked Trump on ABC’s “This Week” about his Saturday retweet and whether he really believed that Marco Rubio was not a natural born citizen.  See at about 1:30 at  https://youtu.be/R9GkFo1Kfno  (“Donald Trump on His South Carolina Primary Win, the GOP, and the Cruz Campaign Tactics”) and http://redstatewatcher.com/article.asp?id=7663 and http://thehill.com/blogs/ballot-box/presidential-races/270208-trump-im-not-sure-if-rubio-is-eligible-to-run-for .  Trump responded:  “I think the lawyers have to determine it.”  It was a retweet. Not so much with Marco, I’m not really that familiar with Marco’s circumstances.  I know that Ted has a problem.”  Again, Stephanopoulos pressed Trump why he would retweet the message if he was not be sure whether Rubio was a natural born citizen.  Trump said he did it because “I’m not sure.”  Stephanopoulos responded in amazement:  “You’re really not sure?”  Trump responded:  “I don’t know.  I’ve never really looked at it, honestly George.”  Again, Stephanopoulos forged forward “You’re not sure?”  Trump then said that he has contact with 14 million people on social media and “I retweet things and we start a dialogue.  It’s very interesting.”  Donald Trump is correct for retweeting that Marco Rubio is not a natural born citizen and therefore not eligible to be President. 

A natural born citizen is a citizen by virtue of birth and birth alone.  But birth does not exist in a vacuum.  There are circumstances that exist at the time of birth.  Those circumstances are, among many, the parents to whom one is born and the place where one is born.  In order to have a valid definition of the natural born citizen, it is necessary that we take these birth circumstances and make them part of a definition.

There does, indeed, exist a definition that contains the necessary and sufficient birth circumstances that must exist in order for one to be a natural born citizen.  The historical and legal record demonstrates that in order to be a citizen by virtue of birth alone, one must be born in the country to parents who were its citizen at the time of the child’s birth.  Indeed, a natural born citizen is a child born or reputed born in the country to parents who were its citizens at the time of the child’s birth.  See Emer de Vattel, The Law of Nations, Sections 212 to 217 (1758) (1797) (“The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens”); Minor v. Happersett, 88 U.S. 162, 167-68 (1875) (“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further, and include as citizens children born within the jurisdiction, without reference to the citizenship of their parents. As to this class, there have been doubts, but never as to the first”); accord U.S. v. Wong Kim Ark, 169 U.S. 649, 665 (1898) (“The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle”).  All other birth circumstances, i.e., either not being born in the country or not being born to two citizen parents, do not produce citizenship by virtue of birth alone. 

Since 1790, Congress has for policy reasons seen the need, exactly for the reason that they are not natural born citizens, to naturalize children of U.S. citizens born out of the United States and before the ratification of the Fourteenth Amendment and its interpretation by U.S. v. Wong Kim Ark (1898) to naturalize children born in the U.S. to alien parents.  The First and Third Congress, which included James Madison and many Founders and Framers, with the approval of President George Washington, passed the Naturalization Acts of 1790 (An act to establish an uniform rule of naturalization, Sess. II, Chap. 3; 1 stat 103, 1st Congress; March 26, 1790, available at http://www.indiana.edu/~kdhist/H105-documents-web/week08/naturalization1790.html ) and the Naturalization Act 1795 (An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject, Sess. II, Chap. 19, 20; 1 stat 414, 3rd Congress; January 29, 1795, available at same).

 The 1790 Act provided:  That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court  that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States.  And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States.

The 1795 Act [which repealed and replaced the 1790 Act] made it harder for aliens to become citizens of the United States, but repeated:  “that the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years, at the time of such naturalization. . . shall be considered as citizens of the United States:   Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States.”  So, under both Acts parents had to naturalize in the United States to make their minor children citizens of the United States and those children had to be dwelling in the United States for the new status to attach to them.  If parents did not naturalize during their children’s years of minority, their children remained aliens unless they naturalized on their own during their years of majority.    … ”     Continue reading Atty Apuzzo’s analysis and new legal article about “natural born Citizenship” at:  http://puzo1.blogspot.com/2016/02/donald-trump-is-right-to-retweet-that.html

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CDR Charles Kerchner (Retired)
Lehigh Valley PA USA
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com
http://www.protectourliberty.org

Marco Rubio Fails Three Legged Stool Test for "natural born Citizen". Click on Image for Details.
Marco Rubio Fails Three Legged Stool Test for “natural born Citizen”. Click on Image for Details.

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.
P.P.P.S. Obama is NOT a “natural born Citizen of the United States” to U.S. Constitutional standards. Read this essay regarding the legal term of art “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)”. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ Also read the “Three Legged Stool Test” for Natural Born Citizen https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8