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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The Flawed Ted Cruz Eligibility Decisions in Elliott v Cruz and Williams v Cruz – A Blind Rubber-Stamping

For more click on the image for the correct definition of "natural born Citizen" of the United States -- CDR Kerchner (Ret)
Click image for more  about the correct definition of “natural born Citizen” – CDR Kerchner (Ret)

The Flawed Ted Cruz Eligibility Decisions in Elliott v Cruz in PA and Williams v Cruz in NJ – A Blind Rubber-Stamping | Read the Analysis by Joseph DeMaio @ ThePostEmail.com

Joseph DeMaio writes:  ” … No sooner had your faithful servant submitted the prior post here analyzing the myriad anomalies of the January 11, 2016 Congressional Research Service Report R4209732 entitled “Qualifications [sic] for President and the ‘Natural Born’ Citizenship [sic] Eligibility Requirement” when the news broke that on March 31, 2016, the Pennsylvania Supreme Court had affirmed, in a per curiam decision, the March 10, 2016 Commonwealth Court of Pennsylvania decision of Judge Dan Pellegrini in Carmon Elliott v. Ted Cruz, Docket No. 77 M.D. 2016 (hereinafter “Elliott”).

Further cluttering the scene, on April 12, 2016, news broke of the decision of Administrative Law Judge (“ALJ, a hearing officer and not an Art. III constitutional judge) Jeff F. Masin in Victor Williams v. Ted Cruz, New Jersey Office of Administrative Law Docket No. STE 5016-16 (hereinafter “Williams”).

The “short” version of the matter is that Judge Pellegrini (in the Pennsylvania Elliott case) and ALJ Masin (in the New Jersey Williams case) both opined that, because Senator Cruz was, in their opinion, a “citizen from birth” owing to the fact that his mother was, purportedly, a U.S. citizen when he was born in Calgary, Alberta, Canada – a matter to be discussed hereafter – he was thus in Judge Pellegrini’s opinion and in ALJ Masin’s opinion a “natural born Citizen” eligible to the presidency.

Accordingly, Mr. Elliott’s and Mr. Williams’s attempts to have Senator Cruz’s name removed, respectively, from the Pennsylvania primary election and the New Jersey primary election ballots were denied. The Pennsylvania primary election is scheduled for April 26, 2016 and the New Jersey primary election is set for June 7, 2016.

And, adding insult to injury, it is now asserted in the Williams case the ALJ Masin told the petitioners at the beginning of the hearing that, although he had received the briefs in the case, he had not “looked at any of them …” and had not “read any of them.”  Recalling that a speeding locomotive with an unconscious engineer at the throttle is hard to stop, look for similar decisions upholding Senator Cruz’s purported constitutional eligibility from other states in the coming weeks and months. … ”

Continuing reading the analysis of the flawed Ted Cruz presidential  eligibility decisions in the states of PA and NJ here:  http://www.thepostemail.com/2016/04/25/the-decisions-in-elliott-v-cruz-and-williams-v-cruz/

and Part 2 here: http://www.thepostemail.com/2016/04/26/the-decisions-in-elliott-v-cruz-and-williams-v-cruz-conclusion/

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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

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

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“Natural born Citizen” Constitutional Term and “Lyin’ Ted Cruz” Will be Discussed on Walls in Our Minds Radio Show Tonight

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 correct definition of “natural born Citizen” of the United States — CDR Kerchner (Ret)

“Natural born Citizen” Constitutional Term and “Lyin’ Ted Cruz” Will be Discussed on ‘Walls in Our Minds’ Radio Show Tonight | Guests: CDR Charles Kerchner (Ret); Attorney Mario Apuzzo; and Attorney, Law School Professor, and Republican Presidential Candidate Victor Williams Who Joined the Show in the 2nd Hour | Show Hosts Dr. Kate, Terry Dodd, and “Red” Beckman

Tune in tonight from 9-11 p.m. ET on BlogTalkRadio station Walls In Our Minds and learn how “Lyin’ Ted Cruz”, as Donald Trump calls him, cannot be “TrusTed” and misrepresents and deceives the public about the true historical and legal understanding, meaning, and intent (sole allegiance at birth) of the founders and framers when they inserted the “natural born Citizen” term into the presidential eligibility clause of Article II Section 1 Clause 5 of our U.S. Constitution.  Ted Cruz is a “naturalized” Citizen at birth derived from statutory U.S. laws enacted over the years by Congress using its naturalization powers and still controlling U.S. Supreme Court decisions that anyone born abroad can only obtain U.S. Citizenship by “naturalization laws” enacted by Congress.  Ted  is NOT and can never be a “natural born Citizen” at birth which can only be obtained by the Laws of Nature and Nature’s Creator and one being born in the country to parents who are both Citizens (born or naturalized Citizens) but Citizens when there child is born in the USA.  Such a child is born with sole allegiance at birth and singularity of Citizenship at birth to only the USA.  That was the “national security” reason the term “natural born Citizen” term was chosen as a “strong check” against anyone born with foreign allegiances ever gaining the office of President and Commander in Chief of our military. Here is the link to tonight’s show. Join us or listen to the show on podcast at:  http://www.blogtalkradio.com/drkate/2016/04/15/walls-in-our-minds

Update 1 – 14 Apr 2016: Objector Victor Williams sends final request to NJ Governor Chris Christie for Admin Review re Foreign-Born Ted Cruz Constitutional Ineligibility and to keep ineligible Ted Cruz off the NJ ballot for President https://www.scribd.com/doc/308882350/Objector-Victor-Williams-Sends-Final-Request-to-NJ-Gov-Christie-for-Admin-Review-re-Foreign-Born-Ted-Cruz-Constitutional-Ineligibility

# # # #

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