Lawrence Joyce, an Illinois voter who has objected to Cruz's placement on the Illinois primary ballot next month, will have his case heard in the
Circuit Court of Cook County in Chicago. Joyce's previous objection, made to the state's
Board of Elections, was dismissed on February 1. He appealed the decision and was granted a hearing for Friday before Judge Maureen Ward Kirby.
...Sanford Levinson, constitutional law professor at the University of Texas School of Law, said Joyce would have to prove standing – or why Cruz’s potential ineligibility affects him specifically – for the judge to proceed with the case.
Even if the judge declares Cruz to be ineligible to run, the GOP candidate’s campaign would undoubtedly file an appeal, potentially tying the case up for months, he said.
It’s surprising that a lower court would even agree to hear the case, which is entangled in broader constitutional issues, Sanford said.
“I’d be very, very surprised if [the judge] were to say he’s ineligible,” he said. “At that point, all hell would break loose."
http://www.usatoday.com/story/news/2016/02/18/reports-chicago-court-hear-case-knock-cruz-off-white-house-ballot/80586608/
11 comments:
Has anyone ever heard that you are a US citizen if you are born aboard a ship registered as American, or if the captain of any ship you are on is American?
I won't comment until Mick has addressed this problem.
A blast from the past...does he still comment at Althouse?
I have never heard that if the captain is American or if the vessel is flagged American then any babies born on board are citizens. (ha! Baby on Board)
"Captain Stubbing to the Capri deck! We have a new citizen to welcome."
Why do you think they call it the Love Boat?
So this is a great example for the originalist method of interpretation. The constitution says that the President must be a ‘natural born citizen’.
What does that mean? Well Scalia would ask what was the meaning of the words to the people who voted on it? Would they have excluded Cruz being born to a US mother, and a Cuban father on Canadian soil? I think they would not, they understood about ambassadors serving overseas, and I don’t think that the founders would exclude in this case. Maybe you have a different view of the founders ideas, perhaps its mentioned in the Federalist papers. We could have a sensible discussion of the facts and history.
An alternative interpretation would be a Ginsburg or a Kagan who would look for the evolved meaning of the words and look for some penumbra or maybe go see what Denmark or Tobago are doing, or perhaps look to the sky and try and find the sweet mystery of life.
I am really going to miss Scalia.
Great post, Jim, but of course there must be middle ground. We can't know if the founders would have okayed diplomats, soldiers posted abroad, but perhaps not the off-spring of a US citizen traveling abroad, marrying abroad (a broad, just for you), and living abroad.
Did natural born in the language of the day denote 'born of' a current citizen (as in a child being the natural child of a couple as opposed to an adopted one).
Then that brings us to foreign people donating gametes. If a fertilized egg is the union of foreign donated sperm and ovum, then what?
I think Alito's stare decisis is going to prevail. We all grew up believing if born here, you're a citizen, or if you're born abroad, with at least one American parent, you're a citizen.
1. Knocks out political opponents in court so doesn't have to fight them on the merits.
2. Supports the individual mandate.
3. Wants to tax the rich to address the debt problem (which will only expand debt).
4. Never stop talking about the most important person in the whole wide world: Himself.
Cruzzers may cry, but this is a good thing if it kills the whole idea.
If so, Cruz ought to be able to turn it to his advantage.
Yes, get it out of the way early, but he could be prez by the time it reaches SCOTUS.
If you ever ate a slice of American cheese you may be an American. (I think I just put myself into the running for the next SC justice.)
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