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

Disgraceful Unconstitutional Ruling: PA Supreme Court Affirms Lower Court – Leaves Ineligible Ted Cruz on PA Ballot

Disgraceful Unconstitutional Ruling: With a One Sentence Judgment with No Explanation, the PA Supreme Court Affirms Lower Court’s Deeply Flawed Decision – Leaves Foreign Born and Constitutionally Ineligible Ted Cruz on PA Ballot

Read the initial news coverage about the court decision here:  http://www.post-gazette.com/news/politics-state/2016/03/31/State-Supreme-Court-rules-with-lower-court-in-allowing-Cruz-to-appear-on-Pa-primary-ballot/stories/201603310239

My comments:  The PA Supreme Court Justices have with this ruling simply and totally ignored their Oath of Office to support and defend the U.S. Constitution and continue to permit a foreign born, constitutionally ineligible candidate Ted Cruz to remain on the ballot for the PA Primary.

The lower court ruling was deeply flawed and based on non-legal sources (an online Harvard Law Review forum article written by political party connected attorneys), misrepresentations of existing and past naturalization laws, and even using Ted Cruz’s argument in citing a totally repealed hastily prepared error-ridden first attempt at a naturalization law adopted by the 1st Congress in 1790 that was repealed and corrected via a 1795 naturalization law under the leadership of the key author of our U.S. Constitution, James Madison. How in the world can a judge today logically and soundly point to an erroneous and totally repealed error containing 1790 naturalization act (as argued by James Madison in the 3rd Congress that said 1790 act was flawed and must be repealed and replaced) to justify that he today is a “natural born Citizen” to constitutional standards per the founders and framers originalist understanding and intent, along with also misreading and misinterpreting what the flawed 1790 naturalization act actually determined and said? That judge’s decision is judicial absurdity and was only made using politically tainted progressive reasoning and not a sound legal decision based on the originalism facts presented by Mr. Elliott and his attorneys.

Being born in the USA is an absolutely necessary part of being a “natural born Citizen”. Ted Cruz admits and stipulated he was not born in the USA.  The lower court decision should have been reversed. The briefs by the appellant and friends of the court filings were very clear on the law and precedence and how deeply flawed the lower court’s decision was and how deceptive Ted Cruz’s arguments to the lower court were.

Ted Cruz is at best a “naturalized” Citizen at birth asserting his claim to basic U.S. citizenship only via by statutorily enacted “naturalization” law enacted during the recent progressive period of U.S. history which now allows basic statutory naturalized at birth citizenship to be passed to a foreign born child who has a U.S. born mother, that is … a status of only having a citizen mother and not having a citizen father and being born outside the USA.

Under the common law of the USA when the founders and framers wrote the U.S. Constitution, they would have never allowed Cruz to ever be considered a citizen of the United States at birth whatsoever, let alone to constitutional standards as to who could be the President and Commander in Chief of our military. I say “at best” because it has not yet been proven that his mother acted properly to register her foreign born child per the statutory requirements in effect when Ted was born in Canada.  Ted Cruz has not produced or shown to the public any extant Consular Report of Foreign Birth that should have been filed in Canada at a U.S. Consular office soon after Ted was born.

Ted was born in Canada to a Cuban national father. Ted is missing two legs of the three legs needed to be a “natural born Citizen” at birth. Ted was born with citizenship and allegiance to three countries. Ted Cruz is NOT a “natural born” Citizen at birth via Natural Law or to constitutional standards or per prior U.S. Supreme Court rulings re foreign born persons. He was NOT born with sole allegiance and unity of citizenship to the USA and only the USA.

This decision by the appeals court imo was more based on their political eyes and ears, a progressive agenda to weaken the natural born Citizen term, and/or having moist fingers in the winds of national politics (and thus they punted showing cowardice imo) by failing to rule objectively on the merits, i.e., that Ted Cruz is at most and at best a “naturalized” Citizen of the USA, per what was presented in the appeal filings and lower court filings by the appellant re the relevant precedent U.S. naturalization laws and U.S. Supreme Court decisions and/or the originalism understanding, meaning, and intent of the “natural born Citizen” term in the presidential eligibility clause in our U.S. Constitution.

In the one sentence ruling they issued, the PA Supreme Court showed the world that they were totally ducking the issue and punted via their simply “affirming” the deeply flawed lower court decision and not holding oral arguments and seriously addressing in open court the misrepresentations of law of Ted Cruz and the clear-cut merits presented in the various appeal briefs and Memorandum of Law and briefs to the lower courts demonstrating that Ted Cruz is at best a “naturalized” born Citizen via positive man-made statutory “naturalization” law and is definitely NOT a “natural” born Citizen per “natural” law and to constitutional standards. — CDR Kerchner (Ret)

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

Intervention Filing to PA Supreme Court in Elliott v Cruz Made Opposing Ted Cruz Ballot Access in PA by Victor Williams, a Candidate for President in PA Primary

Intervention Filing to PA Supreme Court in Elliott v Cruz Made Opposing Ted Cruz Ballot Access in PA by Victor Williams, a Candidate for President in PA Primary

Excerpt from Mr. Williams filing:  ” …  Few would doubt the intelligence [of] Mr. Cruz; he is renown[ed] as a Princeton man, a Harvard-trained lawyer and a “strict-construction” constitutionalist.   But these facts only go to prove the nature of the charged ballot fraud.  Mr. Cruz knew (and knows) that he is not a “natural born citizen.” His actions and statements made to obtain ballot access for this state, and other states where Williams also intends to also bring this challenge, are nothing less than fraudulent. …”

Read the entire filing by Presidential Candidate Victor Williams here:  https://www.scribd.com/doc/306293455/Intervention-Filing-Opposing-Ted-Cruz-Ballot-Access-by-Victor-Williams-Candidate-for-Pres-in-PA

# # # #

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.
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!

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