Friday, April 1, 2016

NY Court of Appeals Nixes Cruz Primary Appeal

Without comment, the New York State Court of Appeals today refused to hear an appeal in a legal challenge to Republican Presidential candidate Ted Cruz’s status as a “natural born” American citizen.

The complaint, dated Feb. 16 and received by the State Board of Elections the next day, does not contest that Cruz is a U.S. citizen and therefore eligible to serve in Congress. His mother was a U.S. citizen when Cruz was born in 1970 in Calgary, which conferred U.S. citizenship on him. Cruz’s father was at the time a Cuban citizen.

At the time of his birth, he had citizenship in: Canada, Cuba, and the U.S. Since Cuba does not recognize dual citizenship, he lost his Cuban citizenship. Canada accepted his 2014 request to give up his Canadian citizenship. So he is a U.S. citizen.

Article 2 of the U.S. Constitution states that, “no person except a natural born citizen … shall be eligible to the office of president.” The meaning of “natural born” has been kicked around by scholars — whether recognized or self-described — for years.

A State Supreme Court justice and the Appellate Division rejected the suit on grounds that the complaint, filed by two downstate men, was filed well past the deadline to challenge Cruz’s presence on the April 19 State Primary ballot.

The rejection by the state’s highest court is the end of the road for the plaintiffs in New York State. Similar suits in other states have been rejected by the courts.

I agree he is a U.S. citizen, but he does not meet my “natural born” test. To be “natural born”, he must be born in the U.S. or its territories. A military base, or an Embassy/Consulate, is also considered U.S. territory.

Then there is the Republican Convention Rules Committee/Credentials. Could they say he is not eligible and not put his name in contention for the Presidential delegate count?

NYC Wins When Everyone Can Vote! Michael H. Drucker
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