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Source: MaineTV.net URL Source: http://www.mainetv.net/ Published: Apr 11, 2016 Author: staff with help Post Date: 2016-04-11 15:25:23 by BobCeleste Keywords: None Views: 8065 Comments: 27 We should have had the official results of the New Jersey Secretary Of State hearing on the Cruz eligibility case at 3:PM today but,nothing at 3, she said, maybe by 4. Evidently they case is getting hot and heave, a lot at stake and NJ seems to be taking their responsibility seriously. If we have nothing by five, maybe Drudge will, but the office I have for the New Jersey Secretary of State closes at 5PM. As I understand it the Judge has to rule by Wednesday. beginning or end of day I don't know. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 17. #1. To: BobCeleste (#0) We should have had the official results of the New Jersey Secretary Of State hearing on the Cruz eligibility case..... Hmmmmmm........it may hit the fan today. One thing for sure, it certainly will not be a settled issue. SOSO  posted on  2016-04-11   15:27:31 ET  Reply   Untrace   Trace   Private Reply   #3. To: SOSO, sneakypete (#1) Hmmmmmm........it may hit the fan today. One thing for sure, it certainly will not be a settled issue. Well, if it works its way up through the NJ courts, Cruz could appeal. And Trump's sister Maryanne "Partial-Birth" (Trump) Barry just happens to be a Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit. So she could rule on Cruz's eligibility in much the same way as she ruled to protect the right of women to have their abortionist deliver a late-term baby just enough for the abortionist to stab the baby in the back of the skull with surgical scissors before delivering the dead baby whole. It's not impossible. Any ruling by NJ courts would quickly get appealed to federal courts. And her court would be along the way to the Supreme Court. Tooconservative  posted on  2016-04-11   16:28:30 ET  Reply   Untrace   Trace   Private Reply   #4. To: TooConservative (#3) I certainly hope we get this birther business into the Federal courts on the merits, so that the issue itself can be clearly resolved for good. Vicomte13  posted on  2016-04-11   17:24:28 ET  Reply   Untrace   Trace   Private Reply   #11. To: Vicomte13, TooConservative (#4) I certainly hope we get this birther business into the Federal courts on the merits, so that the issue itself can be clearly resolved for good. There are no merits. It will be dismissed before any trial like the hundreds of frivolous cases before it. http://www.northjersey.com/news/ted-cruz-s-nationality-at-center-of-n-j-ballot-hearing-1.1542495 Ted Cruz's nationality at center of N.J. ballot hearing April 11, 2016, 12:42 PM Last updated: Monday, April 11, 2016, 7:58 PM By KIM LUEDDEKE staff writer | The Record HAMILTON TOWNSHIP – An administrative law judge is expected to rule today on arguments made Monday by a presidential write-in candidate who claims Sen. Ted Cruz is ineligible to run in New Jersey’s presidential primary because he was born in Canada. Judge Jeff Masin heard arguments by the write-in candidate, Victor Williams, an assistant law professor at the Catholic University of America, and members of a citizens’ group from South Jersey. They contend that Cruz’s birth in Canada means he cannot be a “natural born citizen,” one of three constitutional requirements for the presidency. Cruz, 45, was born in Calgary, Alberta. His mother was born in Delaware. His father was born in Cuba. The GOP primary candidate has said that a child of a U.S. citizen is automatically granted citizenship at birth and is therefore “natural born.” On Monday, Victor Williams, the law professor, argued that the framers of the Constitution were deliberate in their wording, including on the issue of eligibility for the presidency. “They made a decision in Philadelphia that summer to require a couple different soil tests,” Williams said in court. “You’ve got to be a resident on this soil for 14 years. You’ve got to be born on this soil.” But Masin interjected, arguing that Williams was applying his own interpretation of the phrase “natural born.” “It doesn’t say, you must be born in the United States,” Masin said about the Constitution. “It would be nice if they did, because then we wouldn’t be here.” The judge suggested that Williams and the members of the Concerned Citizens of South Jersey, who were represented by attorney Mario Apuzzo, consolidate their cases into one because they each involve the same factual issues. Shalom D. Stone, a lawyer who represented Cruz, referred the judge to his brief for his arguments in opposition to the challengers. Masin also heard arguments Monday about their standing to challenge Cruz’s eligibility. Williams, a declared candidate in several states, argues that he should have standing because he is an competitor to Cruz. Judges have rejected several challenges to Cruz’s eligibility to be president because the challengers lack standing. The Pennsylvania Supreme Court last month upheld a trial court decision that ruled Cruz meets the requirement for a natural born citizen. Masin’s opinion would go to Lieutenant Gov. Kim Guadagno for review in her role as secretary of the state. She has the option to accept the opinion in full or in part, or reject it, according to Apuzzo. Guadagno was Gov. Chris Christie’s running mate in the 2009 and 2013 elections. Following his failed presidential bid, Christie has come out in support of Cruz’s main challenger, Donald Trump. Williams said Monday that he supports Trump. At least one of the three South Jersey challengers, Fernando Powers, also said he is a Trump supporter. Neither Cruz nor Trump has racked up enough delegates to ensure their nomination at the GOP’s convention in July, which could mean that New Jersey’s June 7 primary would be more significant in the outcome than it has in decades. The Republican primary is winner-take-all in New Jersey. The candidate who wins the most votes wins 51 state delegates pledged to vote for him on the convention’s first ballot. Staff writer Herb Jackson contributed to this report. https://cases.justia.com/federal/district-courts/california/candce/3:2008cv03836/206145/39/0.pdf?ts=1221601194 Robinson v. Secretary of State Debra Bowen et al, CAND C 08-03836 WHA (2008), Doc 39, at 4: It is clear that mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and that the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify. Issues regarding qualifications for president are quintessentially suited to the foregoing process. Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. The members of the Senate and the House of Representatives are well qualified to adjudicate any objections to ballots for allegedly unqualified candidates. Therefore, this order holds that the challenge presented by plaintiff is committed under the Constitution to the electors and the legislative branch, at least in the first instance. Judicial review - if any - should occur only after the electoral and Congressional processes have run their course. Texas v. United States, 523 U.S. 296, 300-02 (1998). This circumstance also obviates any occasion to consider plaintiff’s standing-cure suggestion that the American Independent Party (affiliated with Alan Keyes) be allowed to intervene. ORDER DENYING PRELIMINARY INJUNCTION AND DISMISSING ACTION by Judge Alsup denying 3 Motion for Preliminary Injunction; granting 27 Motion to Dismiss (whalc2, COURT STAFF) (Filed on 9/16/2008) - - - - - - - - - - https://www.scribd.com/doc/40107522/KEYES-et-al-v-BOWEN-et-al-3rd-Appellate-District-Court-of-Appeals-Sacramento-Opinion-Affirming-Lower-Court-Decision-in-Full-C062321 KEYES, et al. v BOWEN, et al. (3rd Appellate District Court of Appeals - Sacramento) - Opinion Affirming Lower Court Decision At 1-2: Plaintiffs’ contentions lack merit. Among other things, we conclude that the Secretary of State does not have a duty to investigate and determine whether a presidential candidate meets eligibility requirements of the United State Constitution. As we will explain, the presidential nominating process is not subject to each of the 50 states’ election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results. Were the courts of 50 states at liberty to issue injunctions restricting certification of duly-elected presidential electors, the result could be conflicting rulings and delayed transition of power in derogation of statutory and constitutional deadlines. Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that its nominee’s election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections following the submission of the electoral votes. At 6: The trial court sustained both demurrers, ruling the Secretary of State was required to see that state election laws are enforced, but plaintiffs had not identified a state election law imposing a ministerial duty to demand documentary proof of birthplace from presidential candidates. At 7: The court also found the petition was moot as to all parties with respect to the 2008 General Election because the Electoral College had voted and Mr. Obama had been inaugurated as President of the United States. It was not ripe as to future elections because the issues were not framed with sufficient concreteness and immediacy to allow the court to render a conclusive and definitive judgment rather than an advisory opinion based on hypothetical facts or speculative future events. And the court ruled it lacked jurisdiction over the subject of the action in that federal law establishes election procedures and the exclusive means for challenges to the qualifications of the President and Vice President. The appropriate procedure was an action before the United States Congress pursuant to the Twelfth Amendment to the United States Congress and 3 U.S.C. section 15. In the trial court’s words, plaintiffs’ “belief in the importance of their arguments is not sufficient to confer jurisdiction upon this Court.” - - - - - - - - - - - - - - - - - - - - nolu chan  posted on  2016-04-12   2:17:17 ET  Reply   Untrace   Trace   Private Reply   #13. To: nolu chan (#11) Oh, there is PLENTY of merit to these cases. Truth is, there is a constitutional provision about which these cases turn. Truth is, that constitutional provision isn't clear. Truth is, the meaning of that provision has been eviscerated, because the courts refuse to face the issue. Is somebody born outside of the USA of an American parent a natural born citizen eligible for the Presidency, yes or no? The Courts won't rule on it. Winston Churchill could have been President of the United States under the current non-standard. Born in Britain of a posh family, his mother was born American, and that would be enough under the current "standard"...except that maybe the law of the time said "no", but that would then mean that the definition of who was and who wasn't eligible to be President would be completely under the control of Congress, who could change that at a whim, as opposed to being a fixed and predictable constitutional rule (as it was intended to be). The stark refusal to face the ambiguity is going to continue to bedevil this country going forward in an international world. It does not serve us well to leave such an important question unanswered. And it's a lie to say that it has been clearly answered. It has not been. It should be. The court should take the case, look at the law, and rule one way or the other. Set the standard and clear the decks. Vicomte13  posted on  2016-04-12   7:03:56 ET  Reply   Untrace   Trace   Private Reply   #15. To: Vicomte13 (#13) The court should take the case, look at the law, and rule one way or the other. Set the standard and clear the decks. I appoint you the task of forcing the courts to address this finally. Okay? Get in there with your own lawsuit and just make them do it. Good luck. Tooconservative  posted on  2016-04-12   7:25:23 ET  Reply   Untrace   Trace   Private Reply   #16. To: TooConservative (#15) I appoint you the task of forcing the courts to address this finally. Okay? Get in there with your own lawsuit and just make them do it. Good luck. Nah. I'll ally with the strongest horse every time rather than go down with a sinking ship. Vicomte13  posted on  2016-04-12   10:01:34 ET  Reply   Untrace   Trace   Private Reply   #17. To: Vicomte13 (#16) Yeah, right. You know it's hopeless. The courts will slam the door in your face, sneering "Standing!". And you know it. That's what will happen in NJ this time too. Tooconservative  posted on  2016-04-12   10:57:57 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 17. #22. To: TooConservative (#17) Yeah, right. You know it's hopeless. The courts will slam the door in your face, sneering "Standing!". And you know it. In New Jersey, with a court that is something like 7-2 Republican, I have no doubt that Cruz will be found eligible. Vicomte13  posted on  2016-04-12 14:22:29 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 17. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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