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misrepresentations of existing and past naturalization laws, and even using Ted Cruz’s argument in citing a totally repealed hastily prepared error-ridden first attempt at a naturalization law adopted by the 1st Congress in 1790 that was repealed and corrected via a 1795 naturalization law under the leadership of the key author of our U.S. Constitution, James Madison. How in the world can a judge today logically and soundly point to an erroneous and totally repealed error containing 1790 naturalization act (as argued by James Madison in the 3rd Congress that said 1790 act was flawed and must be repealed and replaced) to justify that he today is a “natural born Citizen” to constitutional standards per the founders and framers originalist understanding and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)
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
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