Texas Attorney Files Eligibility Lawsuit Against Ted Cruz…

The case is Schwartz v. Cruz, 4:16-cv-00106, U.S. District Court, Southern District of Texas (Houston) – and the suit was filed yesterday.  An 85-year-old lawyer, who claims no party affiliation, has filed a 28 page complaint with the U.S. District Court seeking expedited determination of the eligibility of Senator Ted Cruz to be President of The United States.

ted cruz 1(Via Bloomberg) Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court.

The suit seeks a court definition of the term to clarify whether Cruz — who was born in Canada to an American mother — can or can’t serve if elected.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

Claiming that “time is of the essence” because of the rapidly approaching Iowa caucuses and March 1 Super Tuesday primaries, Schwartz asked that the case be expedited for resolution by the nation’s highest court as soon as possible.

Republican front-runner Donald Trump pressed the issue during a televised candidate debate Thursday evening in South Carolina, saying he’s bringing up Cruz’s Canadian birthplace “because now he’s doing a little bit better” in the polls.

Trump insisted that Cruz receive a judgment from the courts because it would be bad for Republicans to have the issue hanging over their presidential or vice-presidential nominee.

“There is a big overhang. A big question mark on your head,” Trump told Cruz. “You can’t do that to the party.”  (read more)

cruz iowa

 

This entry was posted in Big Government, Election 2016, States, Supreme Court, Ted Cruz, Uncategorized. Bookmark the permalink.

442 Responses to Texas Attorney Files Eligibility Lawsuit Against Ted Cruz…

  1. winky says:

    I have never believed the story of who they are peddlng as O’s mother either!…or his father for that matter.

    Liked by 3 people

    • Rattlerjake says:

      The biggest problem with this whole lawsuit is the courts are “OWNED” by the government and so is the SCOTUS. We’ve seen numerous decisions, especially Ovomitcare and Fag-marriage, that prove the SCOTUS can not be trusted.

      Like

      • Nancy Welliver Hulbert says:

        yep everything is owned by the libtards. Where was this shit head when Obama’s birth was in question? He says he has no party affiliate but this proves he does for me. He’s an old liberal.

        Like

      • upaces88 says:

        Ewwww, I know….

        Like

      • upaces88 says:

        You are right…The positive thing is…the states will know about it.
        Hell! Do you remember how many lawsuits were against him the first 18 months he was in office?
        Obama is NOT that smart…Soros(?) and others were behind blocking every blow.

        For that matter, why isn’t HIllary in prison or hung (she and Bill both) for the “Clinton Corpse List.” And, don’t forget the “Clinton Chronicles.”

        Like

      • daniel mayon says:

        Make it a class action lawsuit and add my name. LYIN’TED never told me he was born in canada.

        Like

    • Obama’s BC is a forgery. See: Maricopa County Sheriff’s Cold Case posse.

      Like

    • BC and Selective Service card are forgeries. Source: Maricopa County Sheriff’s Department Cold Case Posse

      Liked by 1 person

    • Ida Wielad says:

      Public research never brought up the fact that B.O. was adopted by his stepfather (a Muslim) who took him to Indonesia where B.O. attended schools for only Indonesian citizens. B.O. never gave up his Indonesian citizenship. His education at Harvard was paid for by Indonesia. B.O. had all of his school records sealed because research into them would have revealed the truth.

      Like

  2. winky says:

    I have always said that there is more to this than we know. I believe Trump has never been convinced about O and still believes he is a fraud…………….also this maybe a way to address the 14th amendment (anchor baby ) situation we face without alienating the Hispanic vote but doing it as an eligibility issue to run for president. That is just my thoughts

    Liked by 5 people

    • Ono says:

      In 2012 Trump threw a couple million in the ring for “O” to keep. All he had to do was show his true birth certificate. Obama refused. Barry then tried to humiliate Trump who was thinking about running against Barrack. Trump pulled back but…IMO never stopped running a ground game. He is so well organized and through. Trump has spent four years developing his plan…much in the same way he does his real estate projects. .

      Bet the farm that Trump already has all the incriminating evidence to toss these imposters(Barry, Cruz and Rubio) into Guantanamo for eternity. With adjoining cells for Hillary and the rest of the sellouts in upper level government.

      What we are witnessing is cleaning of dirty DC.

      Trump 16

      Liked by 2 people

      • winky says:

        If he eliminates Rubio because he is an anchor baby then that is one less candidate who can give his delegates to Bush in case of a brokered convention.

        Wonder if Cruz bows out now if they will hear the lawsuit anyway.

        Like

        • Notojeb says:

          Jeb is the most unelectable candidate in the race. He would lose the election in a landslide.

          Like

          • Manfred says:

            Hard for me to decide if the shrub is less electable than the doughboy from Jersey. I’m glad the sissy boy Graham bowed low, I mean out.

            Like

          • winky says:

            Yes but the idea for all these candidates running is to get to a brokered convention so they will give their delegates to Jeb to steal the nomination for jeb…….Yes he would probably lose a general election to Hillary but that is what the establishment wants……between the two there is no difference and actually jeb could win with voter fraud as did OBAMA……….it does not matter to the establishment who wins between Hillary or Jeb….JUST AS LONG AS TRUMP DoES NOT WIN.

            Like

    • rashamon says:

      If anchor babies can be elected president, I know about a thousand Chinese who will be thrilled.

      Like

    • Bruce says:

      That’s a great point Winky!!

      Like

  3. georgiafl says:

    Teddy ‘Bear Hug’ Cruz made the wrong choice. Cruz should have graciously declined the offers to become POTUS and clung to the Constitution’s true meaning and with such a scholarly background and deep respect for the Constitution, he would have on the list for SCOTUS…or could have remained a Senator (no one checking his citizenship) and grown more powerful each year…both jobs are longer-term opportunities than POTUS.

    Wrong choice, Ted. Now you may even lose your Senate seat if anyone demands you turn over your papers.

    Liked by 2 people

    • georgiafl says:

      Moderation again, though there are no trigger words or links.

      Like

    • Jim says:

      There is absolutely no question that Ted is a U.S. citizen and eligible to be in the senate. His senate seat is not at risk. It has never been ultimately decided what the definition of a “natural born citizen” is. There are arguments for several different standards. We need to decide once and for all what that standard is going to be.

      Like

      • Manfred says:

        Are you sure Rafael Edward Cruz’s US citizenship is a certainty? The law states:

        “A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.” Located here: http://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

        Like

      • winky says:

        If Cruz was a dual citizen at the time he became a senator that could be a problem…..why do you think he renounced his Canadian citizenship in 2014?…

        Like

      • georgiafl says:

        The definition of natural born citizen has been understood since the time the Constitution was written and has been upheld by over a century of Supreme Court decisions.

        People with agendas are now pretending otherwise in order to change it.

        Like

      • corinnevit says:

        not a Legitimate Senator either!
        Ted show us the CRBA! If he doesn’t have one then he is not a citizen period! I know about these documents I had to jump through all kinds of hoops to get all the paperwork to bring my son home from Germany where he was born when I was stationed in the Fulda Gap. Without the proper paperwork Ted Raphael Cruz is just a Canadian!
        Birth of U.S. Citizens Abroad
        A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.
        According to U.S. law, a CRBA is proof of U.S. citizenship and may be used to obtain a U.S. passport and register for school, among other purposes.
        The child’s parents may choose to apply for a U.S. passport for the child at the same time that they apply for a CRBA. Parents may also choose to apply only for a U.S. passport for the child. Like a CRBA, a full validity, unexpired U.S. passport is proof of U.S. citizenship.
        Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States. By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.

        TED CRUZ IS IN THE U.S. SENATE ILLEGALLY

        The above authenticated evidence proves that Ted Cruz was born Canadian in 1970 and remained a legal citizen of Canada until renouncing his Canadian citizenship in May of 2014.

        Article I Section 3 Clause 3 “No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.”

        These official documents also prove that Ted Cruz was a legal citizen of Canada in 2012, when he sought and claimed a seat in the U.S. Senate as a legal US citizen.

        Sen. Ted Cruz was a legal citizen of Canada when he ran for and became a U.S. Senator, without ever having disclosed his Canadian citizenship to Texas voters, which under both Texas and U.S. Election law, is an act of fraud.

        Ted Cruz had committed election fraud by failing to disclose to Texas voters that he was a Canadian citizen in 2012.

        http://northamericanlawcenter.org/ted-cruz-is-in-the…/…

        Liked by 2 people

  4. TheFenian says:

    Finally had time to look at this article;
    “Born Near the USA”
    Very funny.
    I LOL’d, literally, OL.

    Liked by 1 person

  5. paraleaglenm says:

    A mother did not contribute to her child’s nationality and allegiance until 1922. Aliens were permitted citizenship at birth from the 1898 Wong Kim Ark case, and children of slaves were guaranteed citizenship at birth and equal protection of law in 1866. Until those laws, a U.S. citizen father was absolutely required for citizenship at birth, PERIOD. As for Natural Born Citizenship, it was never fully defined in statute because it was outside the jurisdiction of the legislature and judiciary. Why? Because it was Natural Law. A child of a U.S. citizen father and mother could not be anything else but a U.S. citizen, i.e., natural born. As the court has no jurisdiction, all that can be done is a Declaratory Judgment, as was done in Minor vs Happersett.

    Like

    • he still has to prove that his mother was a US citizen at the time of his birth. she gave citizenship up at sometime time while she was in canada. (she voted in canada elections in 1974 and to do so she must have been a canadian citizen. ) was that before or after he was born?? where is the consulate form to say she intended for him to be a US citizen that must be filed at the time of his birth.SCOUS will have to go back in time to when it was stated/written and at the time natural born ment born inside the USA,and his father was from cuba so he’s according to you is a natural born cuban as well??.if SCOUS says he’s not natural born he is without state as he gave up his canadian citizenship a few months/years ago and his US citizenship doesn’t stand as he didn’t go thru the proper procedure for the citizenship.

      Liked by 1 person

      • Kathy T. says:

        There has always been a sort of soft agreement between the US & Canada that no matter which side of the border you are on, you can easily claim citizenship of the other country if you have a legitimate tie to it. I and my siblings were born in Canada of an American Father and a Canadian Mother. They used to call us “dual citizens” and we all easily claimed American citizenship through filing a few papers and paying a minimal fee. You are considered a citizen of whichever country you are residing in or are border crossing into – and our passage back and forth has always been effortless WITH THE PROPER IDENTIFICATION (which Cruz has). When we are in the US, we vote. When we are in Canada, we vote – and use the health care system to boot. It is a luxury those born on the south of the US border don’t enjoy. “Free Trade” seems to apply to citizenship as well. I’d take Cruz’s legitimate documents over Obama’s forgeries any day.

        Like

        • keebler AC says:

          Cruz has a Canadian birth certficate so yeah, we’ll take it as obvious proof he is not natural born jus de sol. Your own situation of melding from Canadian to US citizen, whenever convenient, and arbitrarily, is exactly why the Founders used the term Natural Born specifically borrowed directly from de Vatel expressing concern over mixed loyalties to different countries. Even if one formally renounces US citizenship, being born to naturalized parents in Canada means Cruz can re-adopt Canadian status for a fee. Thanks for giving us an example of just how easy it is to switch loyalties with your background similar to Ted Cruz.

          Yes, dual citizenship offers you the advantage of taking on the mask of any country you possess entitlement to, and it is this exact willy-nilly, whatever works best for me when it comes to country advantage that makes dual citizens dangerous to the rest of Americans “stuck” with one country. Your stated advantage of being able to switch is fun, but know that people like you and Ted don’t get to enjoy the fun of serving as Chief in Command though. Dual citizenship has its disadvantages because you can’t have your cake and eat it too.

          Liked by 1 person

  6. NCPatrick says:

    Did you hear the lady, Patti,who just called in to Rush Limbaugh’s show and asked him why he didn’t just come out and endorse Ted Cruz since it was obvious that was who he wanted to win? Ha! It was pretty funny and I think Rush must be getting enough blowback that he decided to take this call on the air because no way she would have gotten thru his call screener unless Rush told him to allow it.

    Patti was mad and said many of the things we have said and read here at the Treehouse: like she’s not looking for a used car salesman or pastor in chief .. she wants a Commander in Chief and trusts only Trump. Amazing.

    Liked by 8 people

    • EllieEnlightened says:

      Heard it. It was great.

      Like

    • EllieEnlightened says:

      Heard it. It was great. She spoke to many who feel the same way.

      Like

    • Craig W. Gordon says:

      Loved that caller! Rush is feeling the heat. Levin is on fakeb00k asking peoples thoughts on the debate. Finger to the wind? My wife and I were laughing at Levin all last week saying he was gonna blow a gasket over this NBC topic. I have endured him all this past week, but afraid he may die on ‘NBC Hill’ for no good reason. Just let Ted get the papers and/or the declaratory judgement out there for us to see. 👀

      Liked by 1 person

  7. Pk says:

    Technically, it has been decided, they are other cases but they make plain statement as to exactly what the term natural born citizen means

    http://www.fourwinds10.net/siterun_data/government/us_constitution/news.php?q=1308252582

    Liked by 1 person

  8. He may have more problems than Just eligibility..

    Cruz and his wife Heidi obtained two loans, the New York Times reported Wednesday: one from Goldman Sachs, and another from Citibank that totaled about $750,000. The amount later increased to $1 million before being paid down. Heidi Cruz is a managing director at Goldman Sachs, currently on leave while her husband runs for president.
    Via the Washington post

    Liked by 1 person

  9. EllieEnlightened says:

    Wait till the DEMONrats start on this. That is why they want Cruz to win.

    Like

  10. NJF says:

    Still reading all the comments, so many great points made.

    I find it ironic that this lawsuit is coming out of Texas. Not surprisingly Rubio will be challenged as well.

    I flipped through the post debate discussions and chris Matthews had on Larry T(?? Can’t remember his name–the lawyer trump named as his example) and he called Cruz a “constitutional hypocrite.” Chris Matthews then asked, “when looking at an issue like this, isn’t it the standard to adhere as much as possible to the original intent?” To which Larry stated emphatically, “of course, absolutely.”

    I doubt anyone believes that If Cruz were elected he would have “loyalty” issues. But clearly, IMO, relying on Teds interpretation could have devastating consequences. What happens when an American woman bears a child to an ISIS father and that child wants to become POTUS? One of the most disturbing aspects of the “Open Boarders” video is the repeated vow of the invaders to “breed Europeans out of existence.” Further, they vow “your daughters will marry Muslim men, their sons will have long beards.”

    The framers of the constitution realized that the original language needed to be amended, and the result was the “natural born citizen” qualification. This was done for a reason. It’s time to clearly define what this means.

    Liked by 2 people

  11. Ono says:

    Cruz claims to be a Texan! Yet refuses to show his cards when he’s called?Texas Hold- em ? Lay em down or get outta town!!!

    Ted;

    I hear Justin Bieber needs some legal council, and he pays more than the position you are unqualified to hold.

    Liked by 2 people

  12. Manfred says:

    People over at The Right Poop, I mean Scoop, are AGITATED because I asked for evidence that Rafael Edward Cruz is a US citizen. They blew up and had nothing but loud, condescending voices defending Rafael’s mythical status as a NBC.

    Liked by 4 people

  13. Lloyd Carter says:

    Someone needs to introduce Schwartz to Cody Robert Judy (Utah Democrat Candidate for President). He filed and his case went all the way to the Supreme Court but was denied Pro Pauperus (indengent, without funds) SCOTUS has dodged this issue every time it has come up. Schwartz will also be denied probably for lack of standing as happened to the many others who file this complaint against Obama. Recommend readers check our Mario Appuzzo (sp) Constitutional Attorney.

    Liked by 1 person

  14. cfkerchner says:

    For the difference between a Citizen and a natural born Citizen see: http://puzo1.blogspot.com/2015/11/a-citizen-is-one-thing-but-natural-born.html

    Like

  15. NJF says:

    I trees ting, Gretta did a Twitter “poll” tonight

    Do you think Cruz’s citizenship is a problem?
    No: 55%
    Yes: 45%

    Liked by 1 person

    • NJF says:

      Grrrr, typo, should be interesting….

      Like

    • El_Flaco says:

      Wow! 45% is a huge number.

      Liked by 1 person

    • elise says:

      Saw that, thankfully people are paying attention! I flipped over to twitter to see the comments made during her poll.

      Liked by 1 person

    • corinnevit says:

      not a Legitimate Senator either!
      Ted show us the CRBA! If he doesn’t have one then he is not a citizen period! I know about these documents I had to jump through all kinds of hoops to get all the paperwork to bring my son home from Germany where he was born when I was stationed in the Fulda Gap. Without the proper paperwork Ted Raphael Cruz is just a Canadian!
      Birth of U.S. Citizens Abroad
      A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.
      According to U.S. law, a CRBA is proof of U.S. citizenship and may be used to obtain a U.S. passport and register for school, among other purposes.
      The child’s parents may choose to apply for a U.S. passport for the child at the same time that they apply for a CRBA. Parents may also choose to apply only for a U.S. passport for the child. Like a CRBA, a full validity, unexpired U.S. passport is proof of U.S. citizenship.
      Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States. By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.

      TED CRUZ IS IN THE U.S. SENATE ILLEGALLY

      The above authenticated evidence proves that Ted Cruz was born Canadian in 1970 and remained a legal citizen of Canada until renouncing his Canadian citizenship in May of 2014.

      Article I Section 3 Clause 3 “No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.”

      These official documents also prove that Ted Cruz was a legal citizen of Canada in 2012, when he sought and claimed a seat in the U.S. Senate as a legal US citizen.

      Sen. Ted Cruz was a legal citizen of Canada when he ran for and became a U.S. Senator, without ever having disclosed his Canadian citizenship to Texas voters, which under both Texas and U.S. Election law, is an act of fraud.

      Ted Cruz had committed election fraud by failing to disclose to Texas voters that he was a Canadian citizen in 2012.

      http://northamericanlawcenter.org/ted-cruz-is-in-the…/…

      Like

  16. nwtex says:

    9/11 Widower Invites Ted Cruz to Ground Zero to See ‘New York Values’
    01.15.16

    From the husband of an NYPD police officer who died on 9/11 comes an invitation to Sen. Ted Cruz […]

    http://www.thedailybeast.com/articles/2016/01/15/9-11-widower-invites-ted-cruz-to-ground-zero-to-see-new-york-values.html?utm_source=dlvr.it&utm_medium=twitter

    Liked by 2 people

  17. There is NO “President” Obama

    Liked by 1 person

    • Rattlerjake says:

      Absolutely correct!

      Like

    • Manfred says:

      A.) We are not sure of the name of the man known as Obama.
      B.) If his tale of his birth is true, his father was a British subject when the-man-known-as-Obama (tmkaO) was born and tmkaO was a British subject at birth, no matter where in Carl Sagan’s vast cosmos.
      C.) If the domestic terrorist is his father, it’s possible tmkaO is a NBC. Now that would be an interesting book!

      Like

  18. MVW says:

    Anyone with an expected timeline for court resolution of the lawsuit?
    Or did I miss it buried in the comments as it was not in Sundance’s nice article.

    Like

  19. George Parker says:

    When they go to the high Court the outcome is evident.
    It will come up an even split with John Robert’s making the final vote of yea or nea.
    The establishment does not want Cruz, they fear him most.
    Robert’s will give some foolish reason why he should not be eligible by twisting and rationalizing his decision. Robert’s is such a patriot and we should be so proud. Or is it the socialists that should be so proud

    Like

  20. oldgrunt68 says:

    Someone inform this idiot lawyer that he has not standing. The courts also do not rule on political doctrine.

    Once a federal court determines that a real case or controversy exists, it must then ascertain whether the parties to the litigation have standing. The Supreme Court has developed an elaborate body of principles defining the nature and scope of standing. Basically, a plaintiff must have suffered some direct or substantial injury or be likely to suffer such an injury if a particular wrong is not redressed. A defendant must be the party responsible for perpetrating the alleged legal wrong.

    What has this lawyer suffered?

    Like

  21. JD says:

    check this out. Cruz now has some explaining to do. Looks like mama’s birth certificate might be a fraud. http://codeforeblog.com/?p=2885

    Like

  22. Larryann Willis says:

    Lwillis: The legal scholars Cruz has been citing who claim the term “natural born citizen” should be interpreted according to English law are ABSOLUTELY WRONG. They ignore the history of what was going on at the time the U.S. Constitution was written. The US was fighting the Revolutionary War against England. There were American born citizens who were supporting the British called Tories. They were hated in the colonies. When England lost the war many, if not most, of the Tories fled to England and CANADA. It is highly probable that the language “natural born citizen” was to prevent a child of a Tory raised in England OR Canada (and thus favorably disposed toward the king of England) from being able to return to the United States and become President of the United States. A President with loyalties to the King of England could destroy our new democracy and return control to England. The war of 1812 demonstrates just how real this threat was was. I believe it would require a Constitutional Amendment removing the term “natural born citizen” for Ted Cruz to be able to be President of the United States.

    Like

  23. Nottakingthisanymore says:

    Wasnt there a video of Teddy explaining what Natural Born Citizen is by constitution?

    Like

  24. Pingback: Patriot Hustler Ted Cruz & His Mounting Legal Problems: Receiving Snake Oil Money From Goldman Sachs & Citibank ~ Hiding Canadian Citizenship During Texas Senate Elections. | Political Vel Craft

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