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

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Click on the image for more on the filing

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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An open message to NJ LtGov Kim Guadagno | from CDR Charles Kerchner (Ret)

For more click on the image for the correct definition of "natural born Citizen" of the United States -- CDR Kerchner (Ret)
For more click on the image for the originalist meaning and definition of “natural born Citizen” of the United States — CDR Kerchner (Ret)
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.
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.

An open message to NJ LtGov Kim Guadagno from CDR Charles Kerchner (Retired) of ProtectOurLiberty.org:

I have read Admin Judge Masin’s decision and recommendation to you. It is very flawed in many areas including his improper citing or not citing important U.S. Supreme Court decisions about who are NATURALIZED Citizens (and Ted Cruz is one) created by U.S. Statutory laws, and the founding time frame history, intent, and understanding of the founders and framers in their use of the Natural Law term “natural born Citizen” in the presidential eligibility clause.  The judge blew off the writings of Emer de Vattel like he was some relative nobody and not well known the the founders and framers. Benjamin Franklin, Thomas Jefferson, George Washington, John Jay, and Alexander Hamilton and many U.S. Supreme Court decisions in the first 100 years of this Constitutional Republic would strongly disagree with the casual and low credit given to the writings and influence of Vattel on the founders and framers in the justification for the revolution and the writing of the founding documents and their understanding of who is a Citizen of a nation and who is a “natural born Citizen”. Both modifiers in that term mean some very logical, special, and restrictive not inclusive things as to who can be President and Commander in Chief of our military.

The “natural born Citizen” term in our U.S. Constitution was put there for national security reasons as to who could be President and Commander in Chief of our military once the founding generation was gone.  The founders and framers had a “grandfather clause” in Article II Section 1 Clause exempting them from being a “natural born Citizen”.  But subsequent generations do not.  They knew the term meant a person with sole allegiance to the country at birth. Not just any sliver or partial allegiance such as being born a dual citizen or tri-citizen as Ted Cruz was. Ted was born with Canadian citizenship by soil, Cuban citizenship from his father, and U.S. citizenship via his mother if she had not at some point renounced that and became a Canadian citizen to register to vote up there, which she did. How is allowing a tri-citizen at birth to be eligible to be President and CinC a “strong check” against foreign influence in that office, as founders and framers John Jay and George Washington intended it to be. A natural born Citizen is one born with sole allegiance and singular citizenship to the USA and only the USA by being born in the USA to parents who are both citizens (born or naturalized citizen parents but citizens) when their child was born. See my white paper on this subject: https://www.scribd.com/…/The-Who-What-When-Where-Why-and-Ho… Also see: https://www.scribd.com/…/Euler-Logic-Diagram-Shows-Logical-… and https://www.scribd.com/…/Papers-Discussing-Natural-Born-Cit…

This question of eligibility MUST be addressed by the U.S. Supreme Court. Reject the recommendation decision by Judge Masin and do not allow the ineligible Ted Cruz to be remain on the NJ ballot for President. That, in addition to being the right originalist understanding and meaning defense of the Constitution and the “natural born Citizen” term, would also force this matter to the U.S. Supreme Court on an expedited basis since at that point two states, PA and NJ, would have ruled differently and SCOTUS would have to address the matter on the merits in an immediate and expedited basis.

Respectfully submitted,

CDR Charles Kerchner (Retired)
Lehigh Valley PA USA
ProtectOurLiberty.org

UPDATE 1 – 13 Apr 2016:  Exceptions challenges to Admin Judge Masin’s recommendations decision filed by Atty Mario Apuzzo to the NJ LtGov Kim Guadagno:
https://www.scribd.com/doc/308404277/Atty-Mario-Apuzze-filed-Exceptions-to-NJ-LtGov-Challenging-Admin-Judge-Masin-Decision-to-Leave-Ted-Cruz-on-Ballot

UPDATE 2 – 13 Apr 2016:  Exceptions challenges to Admin Judge Masin’s recommendations decision filed by Atty Victor Williams to the NJ LtGov Kim Guadagno:  https://www.scribd.com/doc/308415950/Atty-Victor-Williams-Exceptions

UPDATE 3 – 13 Apr 2016 (Final Decision): Final Decision from NJ Secretary of State and Lt Governor published re Ted Cruz eligibility to be on NJ ballot for President: https://www.scribd.com/doc/308464019/Final-Decision-by-NJ-SoS-Williams-South-Jersey-Concerned-Citizens-v-Ted-Cruz

UPDATE 4 – 13 Apr 2016:  Feedback from Atty, Professor, and Presidential Candidate Victor Williams about the NJ decision is on his webpage:  http://www.victorwilliamsforpresident.com/shame-on-lt-govseretary-of-state-kim-guadagno

UPDATE 5 – 24 Apr 2016:  Amicus Curiae Brief Regarding Exceptions filed by Robert Pilchman (Pro Se):  scribd.com/doc/310122169/

# # # #

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

cruzandrubionoteligiblepetitionsbanner(596x130) Cruz and Rubio were Citizens at Birth of a Foreign Country (Ted of 2 Foreign Countries) – Both NOT a “natural born Citizen” of the United States

Get PDF Copy of Ted Cruz Foreign Citizenship Facts Petition Here — Get PDF Copy of Marco Rubio Foreign Citizenship Facts Petition Here – Neither is constitutionally eligible to serve as President and Commander in Chief or Vice President!

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

ProtectOurLiberty WebsiteSpaceMy BlogSpaceDocs Collections Re Obama SpaceMy YouTube SpaceMost Recent Full Pg Ad SpaceAd Archives SpaceFliers/Handouts SpaceBlock Ads SpaceSheriff to Sheriffs – Sheriff Kit Project SpaceGet A Sheriff Kit SpaceInterviews-Audio/Print SpaceBooks SpaceGoat’s Ledge SpaceContact Me

Breaking News: Constitutional Article II Expert Attorney Mario Apuzzo will Represent Objector Fernando Powers at NJ Ted Cruz Eligibility Hearing

Click on flag to link to Attorney Apuzzo's blog
Click on flag to link to Attorney Apuzzo’s blog for his writings about the constitutional term “natural born Citizen”
Click image to learn more about Atty Mario Apuzzo
Click image to learn more about Atty Mario Apuzzo

Breaking News:  Constitutional Article II Expert Attorney Mario Apuzzo will Represent Objector Fernando Powers at  Canadian-Born Ted Cruz NJ Eligibility Hearing to be Held on Monday, 11 Apr 2016, at 9:00 a.m. EDT in Mercerville NJ.

For those wishing to attend the ballot hearing on Monday morning, the location is:

Office Of Administrative Law
3444 Quakerbridge Road
Quakerbridge Plaza-Bldg.9
Mercerville (Hamilton Twp.), NJ 08619

Visit Atty Mario Apuzzo’s blog to learn more about his legal essays and writings on “natural born Citizen” to constitutional standards: http://puzo1.blogspot.com

Fernando Powers, Atty Mario Apuzzo’s client in NJ in the ballot access challenge to Ted Cruz, ran for Congress in 2010.  For more about him google on “Fernando Powers for Congress”.  Here are some sample search results:  “Fernando Powers For Congress – Truck Drivers” — https://www.youtube.com/watch?v=QU_EZSXeUqE   and  “Fernando Powers For Congress 2010 – A Marine and Gulf War Veteran” — https://www.youtube.com/watch?v=LLhbc2pP_nk

Update 1 – 11 Apr 2016:  News re NJ hearing challenging constitutional eligibility of Ted Cruz:  http://www.philly.com/philly/news/politics/20160412_N_J__judge_hears_challenges_to_Cruz_eligibility.html

Update 2 – 11 Apr 2016: Exclusive: Atty. Mario Apuzzo on New Jersey Ballot Challenge Hearing:  http://www.thepostemail.com/2016/04/11/exclusive-atty-mario-apuzzo-on-new-jersey-ballot-challenge-hearing/

Update 3 – 12 Apr 2016: Saw this in NJ news about the decision being in and for Cruz
http://www.northjersey.com/news/judge-ted-cruz-eligible-to-be-on-n-j-primary-ballot-1.1543279

Update 4 – 12 Apr 2016: Get copy of the judge’s “reasoning” for his decision here: https://www.scribd.com/doc/308269472/NJ-Judge-Advisory-Opinion-Rules-Canadian-Born-Cruz-Eligible-To-Be-President-4-12-2016

# # # #

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

cruzandrubionoteligiblepetitionsbanner(596x130)
Cruz and Rubio were Citizens at Birth of a Foreign Country (Ted of 2 Foreign Countries) – Both NOT a “natural born Citizen” of the United States

Get PDF Copy of Ted Cruz Foreign Citizenship Facts Petition Here — Get PDF Copy of Marco Rubio Foreign Citizenship Facts Petition Here – Neither is constitutionally eligible to serve as President and Commander in Chief or Vice President!

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

ProtectOurLiberty WebsiteSpaceMy BlogSpaceDocs Collections Re Obama SpaceMy YouTube SpaceMost Recent Full Pg Ad SpaceAd Archives SpaceFliers/Handouts SpaceBlock Ads SpaceSheriff to Sheriffs – Sheriff Kit Project SpaceGet A Sheriff Kit SpaceInterviews-Audio/Print SpaceBooks SpaceGoat’s Ledge SpaceContact Me