IS “AMERICAN” THE SAME AS “NATURAL BORN CITIZEN?”
by Sharon Rondeau
(Apr. 12, 2016) — A New Jersey Administrative Law judge has decided that presidential candidate Ted Cruz’s name can remain on the state’s primary ballot for June 7.
On Monday, a group of three New Jersey voters represented by Atty. Mario Apuzzo and write-in presidential candidate Victor Williams argued to Judge Jeff Masin that Cruz, who was born in Canada, does not meet the eligibility criterion of “natural born Citizen,” as required by Article II of the U.S. Constitution.
On Tuesday, Masin rejected those arguments and contended that Cruz, born to a Cuban-citizen father and presumed U.S.-citizen mother in Calgary, Alberta, Canada, is “indeed a natural born Citizen within the contemplation of the Constitution.”
At the time the Constitution was written, dual citizenship, with which Cruz was reportedly born, was not “contemplated.”
New Jersey’s lieutenant governor, Kim Guadagno, who also heads the Department of State, will reportedly review the decision.
Four years ago, Masin ruled that Barack Hussein Obama’s name could remain on the ballot based on Obama’s claimed birth in Hawaii approximately six weeks after a criminal investigation revealed that his long-form birth certificate is a “computer-generated forgery.” Other administrative law courts followed suit.
During the current campaign cycle, judges in the same position have not prevented Cruz’s name from appearing on state ballots. On Monday, Apuzzo told The Post & Email that Masin appeared to accept that Cruz’s foreign birth was a known quantity and that his claimed eligibility rested on the citizenship of his mother at the time of his birth, which has not been proved.
According to one report issued on Tuesday evening, Masin found that “Ted Cruz is an American” without proof. On Monday, NBC News reported that Cruz is, in fact, a “naturalized” U.S. citizen but offered no proof.
The mainstream media often conflates the terms “natural born Citizen” and “U.S. citizen.”
Cruz has presented a Canadian birth certificate and proof that he renounced his Canadian citizenship in May 2014. He has released no documentation showing citizenship in the U.S. despite having run for and won a U.S. Senate seat in 2012.
Cruz has relied on a repealed statute, the 1790 Naturalization Act, as the basis of his claimed “natural born Citizen” status.
Both Apuzzo and Williams have stated that if Cruz’s name is approved for the New Jersey ballot, they will appeal to the New Jersey Superior Court.
I’m not a lawyer, but I understand plain English. The fourteenth amendment says Born or naturalized IN the United States and SUBJECT TO THE JURISDICTION THEREOF.
It seems to me if Cruz’ Family was living in Canada at the time of Cruz birth, they (including Ted) were UNDER THE JURISDICTION OF CANADA NOT UNDER THE JURISDICTION of the UNITED STATES. Therefor Ted was not a Naturalized Citizen at Birth according to the way I read the Fourteenth Amendment – Can someone explain to me what I am missing?
ELmo
Attorney, Professor, and Presidential Candidate Victor Williams tears into the Admin Judge Masin’s neutrality, objectivity, and credibility in his Exceptions challenge: Exceptions challenges to Admin Judge Masin’s recommendations decision filed by Atty Victor Williams to the NJ LtGov Kim Guadagno: https://www.scribd.com/doc/308415950/Atty-Victor-Williams-Exceptions
CDR Kerchner (Ret) – http://www.ProtectOurLiberty.org
Atty Apuzzo has filed Exceptions (an appeal of sorts) to NJ LtGov challenging Admin Judge Masin’s flawed decision to leave ineligible Tri-Citizen at birth, foreign-born Ted Cruz on ballot in NJ for President: https://www.scribd.com/doc/308404277/Atty-Mario-Apuzzo-filed-Exceptions-to-NJ-LtGov-Challenging-Admin-Judge-Masin-Decision-to-Leave-Ted-Cruz-on-Ballot
CDR Kerchner (Ret) – http://www.ProtectOurLiberty.org
My public open message to the LtGov of NJ regarding the constitutionally ineligible NATURALIZED citizen Ted Cruz: https://cdrkerchner.wordpress.com/2016/04/13/an-open-message-to-nj-ltgov-kim-guadagno-from-cdr-charles-kerchner-ret/ CDR Kerchner (Ret) – http://www.ProtectOurLiberty.org
I am very grateful for this wonderful website where I have learned a great deal about the term “natural born citizen.” I believe the documents indicate our Founding Fathers meant, as Ted Cruz used to say, a person born on the soil to two parents who are citizens at the time of the baby’s birth.
Nevertheless, related to Ted Cruz’s claim that his mother was an American citizen at the time of his birth in Canada, there are serious reasons to believe she may have may not have been.
The website below gives detailed information about Ted Cruz’s mother related to her life in Britain and Canada. Reasons are given that indicate there is a good chance she may have been a British citizen when she moved to Canada, thus enabling her to become a Canadian citizen, with voting rights, within about a year instead of the five years it would have taken for an American citizen.
Here is the website and a short quote from it. The site contains a great deal more related information.
http://running2016.com/html/canadian_ted.html
“In a letter to Breitbart News, Cruz representatives stated ‘Eleanor was never a citizen of Canada, and she could not have been under the facts or the law. In short, she did not live in Canada long enough to be a Canadian citizen by the time Cruz was born in 1970: Canadian law required 5 years of permanent residence, and she moved to Canada in December 1967—only 3 years before Senator Cruz’s birth.” This is EXACTLY what they want you to think; otherwise it would be proof positive that Ted is not a US citizen.’”
I think it’s very suspicious that Ted Cruz has been unwilling to unseal any of the records that pertain to this. It appears that the only way we can know for sure is for the courts to demand the relevant documents.
Many Texans are angry that they did not know Ted Cruz was a Canadian citizen when they voted for him to represent them in the U. S. Senate. Voters have a right to know the whole truth about all the facts.
Sorry, to hog the microphone herein, but I just got another brain spark today:
1. Ted Cruz is just another form of Obama relative to his ID robbery.
2. Ted Cruz is another form of Luis Guttierez in that both are Hispanic and both say the hell with existing prescribed laws so as to have their own way like spoiled babies. Neither one of them is restrained or beholden to the US Constitution; in fact, Cruz, Obama and Guttierez, all un-American foreigners in their thinking, despise and harbor contempt for this sacred document by all appearances.
3. There are some 340 illegal sanctuary cities in USA because we have a criminal King Government, and Lyin’ Ted will make the White House an illegal “sanctuary citadel” if he ever gets to reside there!
I suspect that it is more comfortable for a judge to be over-ruled on a controversial issue than it is to be the source of a truthful firestorm. The statutes and court rulings clearly define Cruz as a “naturalized”, not natural born citizen.
First: IF reliance was on the Immigration laws of 1790 (even ignoring its repeal in 1795) Cruz would have only the foreign citizenship of his father and possibly Canada.
Mothers were not empowered to convey citizenship until 1934 when Congress passed Immigration statute 1993 that declared children born of citizen mothers were “naturalized” (not natural born) citizens at birth.
The Supreme Court in Schneider V Rusk (1964) ruled that native born and Naturalized citizens were equal in all rights with the exception that only natural born citizens were eligible to be President. The difference: a natural born citizen is born in the U.S. of two citizen parents.
Both Minor v Happersettt (1875) and Perkins v Elg (1939) confirmed that natural born was a citizen born in the country of two citizen parents. Both of these had foreign born fathers that had become naturalized citizens before the birth of the child. The Congressional Research memorandums to Congress used these cases as examples except they omitted the naturalization of the fathers, leaving Congress to believe parental citizenship did not matter.
How can Judge Masin’s ruling be valid?
Wong Kim Ark (Chief Justice Gray for the Court)1898:
“…The Fourteenth Amendment of the Constitution, in the declaration that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside, contemplates two sources of citizenship, and two only: birth and naturalization.
Citizenship by naturalization can only be acquired by naturalization under the authority and in the forms of law. But citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution. Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case [p703] of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts…”
The article I read (WND) indicated Judge Masin relied heavily on Wong Kim Ark.
The language of Justice Gray, in Wong Kim Ark, is quite plain in stating “A person born out of the jurisdiction of the United States can only become a citizen by being naturalized” – This case should have been a “Slam Dunk” for any judge looking for the truth and understanding the English language. If you are “Naturalized”, you cannot be “Natural Born”.
Please don’t take my word for it. Here is the link so you may see
for yourselves how corrupt this ruling is:
https://www.law.cornell.edu/supremecourt/text/169/649#writing-USSC_CR_0169_0649_ZO
This opinion is 85 pages long – the paragraph above is found beginning at the end of page 54 and the top of page 55 (a little over half way through the opinion).
Preserve what’s left of our Freedom
ELmo
The burden of proof is on Ted Cruz. The Judge failed to demand it, and so, it now falls to the Secretary of State to do so.
I even heard that Ted’s Mother lived in Great Britain from 1960 to around 68, so did she become British?
The Judge was obviously just a Mickey Mouse, political hack.
This is the most ridiculously incompetent ruling I have ever seen! How can someone be natural born in two different places! This judge correctly declared Cruz a natural born citizen of Canada based on the concept of “jus soli” which takes precedence over any other requirement – period! A person cannot have jus soli status in two different places because one’s birth status is determined at the moment of birth, not in some self-determined or convenient twinkling in one’s eye.
The judge then ignored the fact that Cruz has produced NO proof that his mother filed a CRBA for him which would have made him a statuary naturalized US citizen or none at all! He could have demanded proof to put all concerns to rest. He also just ignored the fact that his mother may have also been a Canadian citizen BEFORE Cruz was born rendering any claims of US citizenship invalid! This judge committed Treason and passed the buck to a higher court.
If this challenge ever gets to the Supreme Court, we can kiss the Constitution goodbye with a 4-4 court. Based on this precedent setting ruling, anyone can now march into the US and declare themselves to be whatever they want with no proof whatsoever! This judge needs to be impeached and disbarred!
In all of this, thank you, Post and E-mail, for keeping the spotlight on our nation’s failed governmental structure during The Pelosi-Obama Sedition 08-28-08- TODAY.
Your spotlight is similar herein to the Spotlight movie on corrupt priests covered-up by corrupt immoral fee-based lawyers and judges.
Judge Masin is just another steamrolled American coward. He let political correctness trump Constitutional correctness to secure his perks and pension. For this, he may get promoted for demoting his oath of office.
Judge Masin allowed 320,000,000 American citizens to be robbed of their inalienable right/need/duty to know the full ID of Rafael Cruz, and Obama. So now Judge Masin is guilty of sanctifying both ID Thief-in-Chief Soetoro-Obama and ID Thief Rafael Cruz.
Will there eventually be a Spotlight II movie that reveals all the corrupt judges, Secretaries of State et al 08-28-08- TODAY and all their backroom dealings to form a perfect national crime syndication that allowed no discovery whatsoever of Obama and Cruz IDs? Dinesh?
Spotlight I: Liars for hire and pimps of Lady Justice, i.e., lawyers and judges, covering-up and protecting child-molesting priests.
Spotlight II: a national crime syndication of lawyers and judges covering-up and protecting fugitives from the US Constitution, Obama and Cruz.
So, today, we have a fugitive from the US Constitution, Lyin’ Ted, running away from the US Constitution so as to escape into the safe haven of the White House, and corruption quisling “Fudge Masin” fudging the US Constitution in hopes of being promoted for assisting fugitive Criminal Cruz.
GOD SAVE AMERICA, our nation’s government is a tax-funded criminal enterprise 08-28-08- TODAY!
Again, a liberal judge making law out of whole cloth. Under what proof does this judge find that Cruz’s mother is a US citizen> Where is the documentation?
He has no business determining what a natural born citizen is and again justice denied.
Under British law she became a British subject when she married her first husband.
I read that Alan Wilson is a U.S. citizen from Texas: http://www.dallasnews.com/news/politics/headlines/20160116-cruz-family-drama-mothers-first-husband-is-an-ex-pat-texan-in-london.ece