Elliott v Cruz PA Supreme Court Appeal Docket Report Update as of 24 Mar 2016

Elliott v Cruz PA Supreme Court Appeal Docket Report Update as of 24 Mar 2016

constitution_quill_pen-small
Click on the image for more information about the constitutional term “natural born Citizen” of the United States — CDR Kerchner (Ret)

The appeal to the PA Supreme Court is proceeding steadily. Unlike the case in NY, this case in PA was timely and correctly filed per all PA laws. This case goes directly to the merits of Ted Cruz’s lack of constitutional eligibility to be President and Commander in Chief. And of course per the last sentence of the 12th Amendment, Ted Cruz is also not eligible to be the VP either.  Two Amicus Curiae briefs have been submitted to the court advising the court that Ted Cruz is absolutely constitutionally not eligible to be President and Commander in Chief or VP since he is not a “natural born Citizen” of the United States to constitutional standards.

See, read, download, and/or print a copy of the PA Supreme Court Docket Report as of 24 Mar 2016 here: https://www.scribd.com/doc/305899782/Elliott-v-Cruz-PA-Supreme-Court-Appellate-Court-Docket-Report

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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.

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

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NY Ballot Access Challenge to Ted Cruz Tossed on Technicality – Missed Challenge Deadline

NY Ballot Access Challenge to Ted Cruz Tossed on Technicality – Missed Challenge Deadline

” … A blown deadline has once again resulted in the dismissal of a lawsuit contesting U.S. Sen. Ted Cruz’s “natural born” citizenship, and thus his eligibility to occupy the White House.

The state Appellate Division’s Third Department took less than 24 hours to affirm a lower court’s dismissal.

The suit was brought last month against Cruz and the state Board of Elections by two downstate men who questioned the Texas Republican’s placement on the state’s April 19 presidential primary. Cruz was born in Canada in 1970, though his mother was a U.S. citizen. (His father was at the time a Cuban national.) … “

Read the rest of the news about the NY State Supreme Court’s Appeal Division’s decision to toss the appeal on a technicality here: http://blog.timesunion.com/capitol/archives/247399/citing-blown-deadline-appellate-division-tosses-natural-born-suit/

My comment:  The underlying challengers, just ordinary citizens, not being fully aware of the deadlines, messed up in filing their challenge a few days late. This has been a problem in several of the challenges by non-lawyer citizens to Ted Cruz and also in the past for some of the challenges to Obama. This time the citizen challengers did not give up but found competent attorneys to try and help resolve that technicality issue so as to get to the serious merits presented.  The attorneys argued soundly that the arbitrary deadline (given the serious nature of the matters presented) can be waived in this matter.  But still the appeal’s merits argued in the Memorandum of Law, Appellant’s Reply Brief filed by the NY attorneys, and the Amicus Curiae Brief filed by the Harvard Law Professor were not given any weight and the appeal was tossed aside solely using the technicality of a slightly missed deadline by the appellants to get it to the lower election board. So much for the appeal court member’s oath to support and defend the U.S. Constitution. The Constitution is the supreme law of the land and trumps any underlying law, regulation, or arbitrary slightly missed filing time technicality. There are U.S. Laws on the books regarding Misprision of a Felony and Misprision of Treason requiring judges and courts to take jurisdiction of such serious matters when pointed out to them, at any time.  The appeal surely pointed out the violation of our supreme law of the land, the U.S. Constitution being perpetrated by Ted Cruz.  If the Constitution is being violated and the court is made aware of it, timely or otherwise or at any time what-so-ever, the judges have a sworn duty to act to support and defend the Constitution.  It is not their duty to pass the buck or duck the issue. The appeal showed clearly to them that Ted Cruz is not a constitutionally eligible candidate and is violating the U.S. Constitution and the very oath that Cruz himself took to support and defend it. But to these judges, who are putting deliberate blinders on, and are thus committing treason to the Constitution and their oath to it themselves, they are once again allowing that treason to the Constitution to continue to be foisted on the American Electorate with another ineligible candidate.  They should have taken the case seriously on the merits and ruled that the merits need to be addressed by the Board of Elections or addressed it themselves. Instead the judges and administrators of the law look for any technical flaw to duck the merits of this issue of constitutional eligibility. If a challenger doesn’t cross the right “t” or dot the right “i” or miss a deadline by a couple of days, no matter how much the Constitution is in serious danger of being abrogated, as it is being pointed out in the merits, i.e., in that the “natural born Citizen” term in the presidential eligibility clause is being abrogated even further with Ted Cruz than Obama did (Obama claims Hawaiian birth), since Ted Cruz openly and legally admits that he was foreign-born to only a U.S. citizen at birth mother, these corrupt judges will still just duck and hide and toss it on some technicality every single time.  These judges are committing treason to their Oath of Office and the U.S. Constitution by allowing some arbitrary deadline (which could have been waived as argued by the attorneys for the appellants) to trump the underlying very serious constitutional eligibility merits argued in the appeal filings and which should have been addressed and not ducked. But take note. The work of these NY attorneys is not done.  More to come. Stay tuned.  CDR Kerchner (Ret)

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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.

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

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CNN: Trump Supporter Rips Soetoro (Obama), Cruz, and Rubio Over Article II Ineligibility

CNN: Trump Supporter Rips Soetoro (Obama)Cruz, and Rubio Over Constitutional Article II Ineligibility

See CNN video clip embedded below. Mr. Dan Ray stated it correctly and precisely during this CNN interview. Neither Cruz, Rubio, or Obama are eligible to be the President and Commander in Chief per Article II of our U.S. Constitution. And in addition neither is eligible to be the Vice President either per the last sentence of the 12th Amendment to our Constitution ratified in 1804. Obama has thus far gotten away with his usurpation of office. We cannot allow Cruz or Rubio to do it again – either as President or Vice President.

Watch video, read discussion, and comment here:  http://www.birtherreport.com/2016/03/cnn-trump-supporter-goes-there-barry.html

See the following link to learn more about the dual-Citizenship and allegiances at birth for Cruz and Rubio: https://cdrkerchner.wordpress.com/2016/03/02/dual-nationality-u-s-citizens-born-of-cuban-fathers-marco-rubio-and-ted-cruz-see-u-s-embassy-warnings-about-your-cuban-citizenship-at-birth-status/

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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 Cruz Foreign Citizenship Facts Petition Here — Get PDF Copy of Rubio Foreign Citizenship Facts Petition Here

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.

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

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 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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Dual Nationality – U.S. Citizens Born of Cuban Fathers (e.g. Ted Cruz and Marco Rubio) – See U.S. Embassy Warnings About Your ‘Cuban Citizenship at Birth’ Status

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 Cruz Foreign Citizenship Facts Petition Here — Get PDF Copy of Rubio Foreign Citizenship Facts Petition Here

Dual Nationality U.S. Citizens Emanating From Having Foreign National Parents Who Were Legally in the USA When Their Children Were Born in the USA. This is Especially True When One Had a Foreign National Non-U.S. Citizen Father. Said Children Are U.S. “Citizens” via Birth on the Soil of the USA and They are Also “Citizens” at Birth of Their Father’s Country. They are Dual-Citizens or Dual-Nationals at Birth.

Cuban-Flag-with-Ted-Cruz
Cuban Citizen at Birth via His Cuban Citizen Foreign National Father
MarcoRubioWithCubanFlag
Cuban Citizen at Birth Via His Cuban Citizen Foreign National Father and Mother

A Special Extra Note for Ted Cruz’s Status: In Ted’s case he got his claim to U.S. Citizenship via his U.S. born mother. He was not born on U.S. soil. Ted was born in Canada and came to the USA later as a youngster. Ted was a Tri-Citizen at Birth.

Current U.S. Laws and International Treaties signed by the U.S. recognize these Dual-Nationality facts re the ‘Jus Soli’ and ‘Jus Sanguinis’ separate paths to basic “Citizenship” at birth which can result in the child obtaining ‘Dual-Citizenship” at birth. Such is the case for Marco Rubio and Ted Cruz who both had Cuban National father’s when they were born.

Cuba has been and still is particularly aggressive in its claims to natural rights over it Citizens born to Cuban nationals abroad no matter where born, i.e., people born of Cuban fathers such as Marco Rubio and Ted Cruz.

See this warning shown below to “Dual-U.S. and Cuban Citizens” about Cuban Nationality Law and Dual Nationality — per the U.S. Government’s official webpage at the Embassy of the United States in Havana Cuba.

U.S. Citizen Services webpage – Embassy of U.S. in Havana Cuba:  http://havana.usembassy.gov/service.html

Dual Nationality:  The Government of Cuba does not recognize the U.S. nationality of U.S. citizens who are Cuban-born or are the children of Cuban parents.  These individuals will be treated solely as Cuban citizens and may be subject to a range of restrictions and obligations, including military service.  The Cuban government may require U.S. citizens, whom the Government of Cuba considers to be Cuban, to enter and depart Cuba using a Cuban passport.  Using a Cuban passport for this purpose does not jeopardize one’s U.S. citizenship; however, such persons must use their U.S. passports to enter and depart the United States.  There have been cases of Cuban-American dual nationals being forced by the Cuban government to surrender their U.S. passports.  Despite these restrictions, Cuban-American dual nationals who fall ill may only be treated at hospitals for foreigners (except in emergencies).  See the paragraph below on Consular Access for information on Cuba’s denial of consular services to dual American-Cuban nationals who have been arrested, as well as the paragraph below on Children’s Issues for information on how dual-nationality may affect welfare inquiries and custody disputes.

Cuban-American dual nationals should be especially wary of any attempt by Cuban authorities to compel them to sign “repatriation” documents.  The Government of Cuba views a declaration of repatriation as a legal statement on the part of the dual national that she/he intends to resettle permanently in Cuba.  In several instances, the Government of Cuba has seized the U.S. passport of dual nationals signing declarations of repatriation and has denied these individuals permission to return to the United States. “

Of course Marco Rubio and Ted Cruz being the straight forward, completely open, and the intellectually honest persons they are [NOT] about their birth citizenship status as “Citizens” at birth for more than one country, will now tell us they did not realize that they were “Cuban Citizens” at birth when they were born?  They are so intelligent they claim in other matters but as their birth status … they just never knew they held more than one citizenship at birth.

Questions:  Have either of them ever officially renounced their “Cuban Citizenship at Birth” status.  If so, when and where?  If not, why not?  Do they not think the American Electorate would be worried about having a “Cuban Citizen at Birth” as President and Commander in Chief of our military?  I think the American Electorate needs these questions answered before Super Tuesday.  The major media needs to ask both these candidates all those questions and tell us the answers they got.

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 — A reminder for people seeking Constitutionally Eligible presidential candidates – There are many of them in the USA. We don’t have to pick dual-Citizens: 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