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Monday, April 04, 2016

Pennsylvania Court Regarding Ted Cruz Eligibility

By Douglas V. Gibbs

According to the ruling in Pennsylvania's State Supreme Court, Ted Cruz is eligible to be President of the United States, despite a legal claim he is not eligible for the presidency because he was born in Canada.  This is the third State to come to the conclusion Cruz is eligible through their courts.   The State Supreme Court upheld a lower-court judge’s decision to dismiss the case.

The case was dismissed because Judge Dan Pellegrini argued that Cruz’s mother has always been a U.S. citizen, and that it didn’t matter if he was born in Canada, as long as she is an American, according to how common law works.

Some of Cruz’s opponents have argued he isn’t eligible to run because he was born in Canada, and his supporters are arguing that these court rulings ought to put those theories to rest.

The problem is, the courts are wrong, just as is Cruz's supporters, but for the wrong reason.  Looking through historical documents, and piecing together the evidence regarding the definition of a natural born citizen as originally intended, the reality is clear - but Cruz's Canadian birth has nothing to do with it.  A natural born citizen is one born of two citizen parents.  As for the common law definition, historically with the Saxon System from which ours emerged, citizenship, and natural born citizenship, is granted through the father.

That said, despite my knowledge of eligibility, and Cruz's ineligibility, if Cruz were to receive the GOP nomination, I would vote for him in the general election.  Even an ineligible Republican is better than an eligible Democrat like Hillary Clinton.  For the first time in my life I would vote against the Constitution to save the Constitution.

-- Political Pistachio Conservative News and Commentary

2 comments:

American Patriot said...

The Founding Fathers did not accept British common law on point of who is and is not a "natural born citizen" but looked to Vattel and natural law -- natural born American citizen is not synonymous with natural born British subject -- this very thing is what the war of 1812 was fought over. These "judges" ruling Cruz eligible are some of the most stupid people on earth and everyone else just goes along with it like dumb sheep to the slaughter.

SCOTUS has defined natural born citizen 4x as born to 2 American citizen parents on US soil.

Gregory Brittain said...

The PA Supreme Court upheld the trial court without any explanation so the decision is of little or no precedential value.