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 Fails Three Legged Stool Test – Ted Cruz is Missing Two Legs! – He Cannot Constitutionally Stand for Pres or VP – The Three Legged Stool Test for “natural born Citizen” – Cruz is “A Bridge Too Far”

Click on image for the “originalist” and true understanding and intent of “natural born Citizen” of the United States
For more click on the image for the correct definition of "natural born Citizen of the United States"
For more click on the image for the correct definition of ‘natural born Citizen’ of the United States

Ted Cruz Fails Three Legged Stool Test for “Natural Born Citizen“.

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

See The Three Legged Stool Test and analogy for “natural born Citizen” of the United States to Constitutional Standards as It Applies to Who Can be President and Commander-in-Chief of Our Military.

Ted Cruz was born in Canada (minus one leg) to a Cuban National father (minus the 2nd leg).

Ted Cruz is NOT constitutionally eligible and has abandoned his constitutional “originalist” standing and is pushing the “natural born Citizen” eligibility envelope, meaning, and originalism understanding of that constitutional term … “A Bridge Too Far”!

For a Printable PDF File of the Details Click Here.

A “natural born Citizen” of the United States is a child born with Sole Allegiance and Unity of Citizenship at birth to one and only one country — the USA, i.e., a child born in the USA of two (2) U.S. Citizens. The parents can be Citizens by Birth or they can be Citizens by Naturalization later in life after immigrating to the USA. But to create a “natural born Citizen” of the United States both parents must be Citizens at the time the child is born in the USA. See this legal reference book used by the founders and framers of our Constitution: Law of Nations or Principles of Natural Law, Vol.1 Chapter 19 Section 212, Emer de Vattel, 1758-1797. The overwhelming majority (probably 75%+) of citizens in the United States are natural born Citizens. This clause was added for future presidents as a national security clause. It is from the group of natural born Citizens that our founders prescribed in the presidential eligibility clause in Clause 5, Section 1 of Article II of the U.S. Constitution that we shall choose a President and Commander in Chief of our military as a strong check against foreign influence via birth allegiances on the person in that singular and most powerful office. One needs all three citizenship legs to be a natural born Citizen and have sole allegiance and claim on you at birth to one and only one country — the United States: 1. Born in the USA. 2. Father must be a U.S. Citizen (born or naturalized). 3. Mother must be U.S. Citizen (born or naturalized). Like a three legged stool if you take away any of these three citizenship legs of the Article II constitutional intent and requirement to being a natural born Citizen, i.e., being born with unity of citizenship in and sole allegiance to the USA, the child is born with more than one country’s citizenship and claim of allegiance/citizenship on them at their birth and thus they are NOT a natural born Citizen of the United States.

In this test and analogy of a stool designed to stand on three legs and if it is missing a leg, it falls down, likewise the person’s claim to ‘natural born Citizenship’ fails if the person does not have all three citizenship legs required to be a natural born Citizen at the time of their birth. See the below Venn Diagram which logically and graphically shows how a natural born Citizen has the intersection and unity of all three Citizenship statuses at birth. Read this essay “ Of Trees and Plants” on basic logic which explains that being simply a “Citizen at Birth (CAB)” does not necessarily make oneself a “natural born Citizen (NBC) at Birth”. Natural born Citizens are overwhelmingly the largest subset of all American citizens. The location of birth being in the U.S. to a U.S. father and U.S. mother … all being U.S. Citizens at the time of birth is the only way one achieves natural born Citizenship status. Natural born Citizenship is gained by the laws of nature not by any man-made law or statute or even a constitutional amendment granting that status. Natural born Citizens need no act of man for their Citizenship was created by nature and nature’s Creator. Natural born Citizens of the United States have sole allegiance to one and only one country at birth … the United States. No foreign power or country can claim their allegiance under U.S. law or the Law of Nations. Over 75% of American citizens fit that requirement, i.e., born in the USA of two U.S. Citizen (born or naturalized) parents. Natural born citizens are the 3 Leaf Clovers of the American citizens, Not the 4 Leaf Clovers. It is from those 75% of American citizens that our founders and framers directed us via Article II, Section 1 of the U.S. Constitution that we shall choose our President and Commander-in-Chief, not a dual-citizen son of a foreign national and British Subject father who was never even an immigrant to this country, and said child being born a British subject himself via his foreign national father, as is the case with Obama’s birth status.  Nor for the case of Ted Cruz who was born in Canada (and thus is a Canadian citizen by birth) to a foreign national Cuban father (and thus also a Cuban citizen by birth).  Cruz and Obama were born with multiple allegiances and citizenships at birth.  Neither are a “natural born Citizen” of the United States and neither is eligible to serve as President and Commander in Chief of our Military.

Click image for more information on the constitutional legal term of art "natural born Citizen"
Click image for more information on the constitutional legal term “natural born Citizen”

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, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com/

P.S. Also read — Redux for People Seeking Constitutionally Eligible Presidential Candidates: http://www.scribd.com/doc/160107354/Natural-Born-Citizen-3-Not-4-Leaf-Clover-Type-of-Citizenship

P.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

Ted Cruz is Missing Two Legs! – The Three Legged Stool Test for “natural born Citizen” – Cruz is “A Bridge Too Far”

Click on image for true understanding and meaning and intent of “natural born Citizen” of the United States to Constitutional standards.
For more click on the image for the correct definition of "natural born Citizen of the United States"
For more click on the image for the correct definition of ‘natural born Citizen’ of the United States

Ted Cruz Cannot Constitutionally Stand for President or VP.  Ted Cruz is Missing Two Legs! – ‘The Three Legged Stool Test’ for “natural born Citizen” of the United States to Constitutional Standards as It Applies to Who Can be President and Commander in Chief of Our Military.

Ted Cruz was born in Canada (minus one leg) to a Cuban National father (minus the 2nd leg).

Ted Cruz is NOT constitutionally eligible and has abandoned his constitutional “originalist” standing and is pushing the “natural born Citizen” eligibility envelope, meaning, and originalism understanding of that constitutional term … “A Bridge Too Far”! 

For a Printable PDF File of the Details Click Here.

A “natural born Citizen” of the United States is a child born with Sole Allegiance and Unity of Citizenship at birth to one and only one country — the USA, i.e., a child born in the USA of two (2) U.S. Citizens. The parents can be Citizens by Birth or they can be Citizens by Naturalization later in life after immigrating to the USA. But to create a “natural born Citizen” of the United States both parents must be Citizens at the time the child is born in the USA. See this legal reference book used by the founders and framers of our Constitution: Law of Nations or Principles of Natural Law, Vol.1 Chapter 19 Section 212, Emer de Vattel, 1758-1797. The overwhelming majority (probably 75%+) of citizens in the United States are natural born Citizens.

This clause was added for future presidents as a national security clause. It is from the group of natural born Citizens that our founders prescribed in the presidential eligibility clause in Clause 5, Section 1 of Article II of the U.S. Constitution that we shall choose a President and Commander in Chief of our military as a strong check against foreign influence via birth allegiances on the person in that singular and most powerful office. One needs all three citizenship legs to be a natural born Citizen and have sole allegiance and claim on you at birth to one and only one country — the United States: 1. Born in the USA. 2. Father must be a U.S. Citizen (born or naturalized). 3. Mother must be U.S. Citizen (born or naturalized). Like a three legged stool if you take away any of these three citizenship legs of the Article II constitutional intent and requirement to being a natural born Citizen, i.e., being born with unity of citizenship in and sole allegiance to the USA, the child is born with more than one country’s citizenship and claim of allegiance/citizenship on them at their birth and thus they are NOT a natural born Citizen of the United States.

In this test and analogy of a stool designed to stand on three legs and it is missing a leg, it falls down, likewise the person’s claim to ‘natural born Citizenship’ fails if the person does not have all three citizenship legs required to be a natural born Citizen at the time of their birth. See the below Venn Diagram which logically and graphically shows how a natural born Citizen has the intersection and unity of all three Citizenship statuses at birth. Read this essay “ Of Trees and Plants” on basic logic which explains that being simply a “Citizen at Birth (CAB)” does not necessarily make oneself a “natural born Citizen (NBC) at Birth”. Natural born Citizens are overwhelmingly the largest subset of all American citizens. The location of birth being in the U.S. to a U.S. father and U.S. mother … all being U.S. Citizens at the time of birth is the only way one achieves natural born Citizenship status.

Natural born Citizenship is gained by the laws of nature not by any man-made law or statute or even a constitutional amendment granting that status. Natural born Citizens need no act of man for their Citizenship was created by nature and nature’s Creator. Natural born Citizens of the United States have sole allegiance to one and only one country at birth … the United States. No foreign power or country can claim their allegiance under U.S. law or the Law of Nations. Over 75% of American citizens fit that requirement, i.e., born in the USA of two U.S. Citizen (born or naturalized) parents. Natural born citizens are the 3 Leaf Clovers of the American citizens, Not the 4 Leaf Clovers. It is from those 75% of American citizens that our founders and framers directed us via Article II, Section 1 of the U.S. Constitution that we shall choose our President and Commander-in-Chief, not a dual-citizen son of a foreign national and British Subject father who was never even an immigrant to this country, and said child being born a British subject himself via his foreign national father, as is the case with Obama’s birth status.  Nor for the case of Ted Cruz who was born in Canada (and thus is a Canadian citizen by birth) to a foreign national Cuban father (and thus also a Cuban citizen by birth).  Cruz and Obama were born with multiple allegiances and citizenships at birth.  Neither are a “natural born Citizen” of the United States and neither is eligible to serve as President and Commander in Chief of our Military.

Click image for more information on the constitutional legal term of art "natural born Citizen"
Click image for more information on the constitutional legal term “natural born Citizen”

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, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com/

P.S. Also read — Redux for People Seeking Constitutionally Eligible Presidential Candidates: http://www.scribd.com/doc/160107354/Natural-Born-Citizen-3-Not-4-Leaf-Clover-Type-of-Citizenship

P.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