Constitutional Emergency


Wednesday, November 25, 2015

New Hampshire Ballot Access Challenges Against Ted Cruz and Marco R...

New Hampshire Ballot Access Challenges Against Ted Cruz and Marco Rubio Fail for Want of

                                                    By Mario Apuzzo, Esq.
                                                       November 25, 2015

Christopher Booth of Concord, New Hampshire, Cameron Elliott of Pittsburgh, Pennsylvania, and Robert Laity of Tonawanda, New York, filed ballot access challenges in New Hampshire against presidential contenders Senator Ted Cruz and Senator Marco Rubio, arguing that neither of them is an Article II natural born citizen.  The challengers are correct.

Still, the New Hampshire Ballot Law Commission refused to rule on the question of whether the senators are natural born citizens because, chairman Brad Cook said, the issues were not under the panel’s purview.

“Our precedents say we don’t’ go there,” Cook said. “Personally, would I like the U.S. Supreme Court to decide these issues so we know what is, so it doesn’t keep coming up? Absolutely. Are we the vehicle to start that discussion? No, we’re not.”


The Commission refused to rule, basically saying that it does not have jurisdiction over the question of whether Ted Cruz and Marco Rubio are Article II natural born citizens.  It also said that it would like the U.S. Supreme Court to rule on the issue.

On the merits, neither Ted Cruz nor Marco Rubio are natural born citizens.  Neither the original nor amended Constitution defines a natural born citizen.  The unanimous U.S. Supreme Court in Minor v. Happersett (1875) informed that we have to look outside the Constitution for its meaning.  It explained that at common law the nomenclature with which the Framers were familiar when the Constitution was adopted, all children born in a country to parents who were its citizens were "natives, or natural-born citizens," and that under that same common law all the rest of the people were "aliens or foreigners," who could be naturalized if they met the requirements of naturalization Acts of Congress. Minor v. Happersett (1875).

Cruz was neither born in the country, nor was he born to two U.S. citizen parents.  He was born in Canada, presumably to a U.S. citizen mother and a non-U.S. citizen father.  Unlike Senator John McCain, who was born in Panama to two U.S. citizen parents who were there to serve the military interest of the United States, neither of Cruz's parents were in Canada for purposes of serving in the U.S. military.  He therefore does not meet the definition of a natural born citizen.  Cruz is a citizen of the United States at birth only by virtue of a naturalization Act of Congress.  He is therefore not a "natural born citizen" of the United States by virtue of the common law.  A “naturalized born” citizen of the United States is not and cannot be a “natural born” citizen of the United States.

Rubio was born in the country.  But he was not born to two U.S. citizen parents.  He was born in the United States, but to two non-U.S. citizen parents.  Hence, he also does not meet the definition of a natural born citizen.  He is a citizen of the United States at birth only by virtue of the Fourteenth Amendment and not by virtue of the common law that provides the only definition of the clause.  He needs the Fourteenth Amendment because, while born in the United States, he was not born to two U.S. citizen parents.  Rubio is a "born citizen" of the United States only by virtue of the Fourteenth Amendment.  He is therefore not a "natural born citizen" of the United States by virtue of the common law. Simply being a born citizen of the United States under the Fourteenth Amendment does not make one a natural born citizen of the United States under the common law.
So, neither Cruz nor Rubio are natural born citizens.  It is treason upon the Constitution and the rule of law to see our political institutions kick the can down the road under the guise of want of jurisdiction.

Mario Apuzzo, Esq.
November 25, 2015
Copyright © 2015
Mario Apuzzo, Esq.
All Rights Reserved

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Hear, hear!

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

excerpt from the Preamble to THE DECLARATION OF is your guidance to end corrupt

government. most all of you talk talk talk , playing with legal definitions / complaining of our dire situation yet

You change nothing , voting is a No Solution. Perhaps when Homeland Security agents raid your home , you might

take action.

Everyone in D.C. / NSA / OATHKEEPERS / and elsewhere Know where i stand.

Jews are not our problem , ignorance / fear / complacency ARE

Zionists control our government to include who is elected POTUS. they dont run up and Penn. AV nor the halls

of Congress , no, they have their methods and most are too deceived to understand. Israel loves Israel and

often misuse our assets for their purpose...They do not love Goyim ( you ).

The Zionism you believe exist is also a false flag and that's what they want you to think. WAKE UP!

WHY didn't New Hampshire squeal about this in 2008 when Obama appeared on the scene?

Where were all the State Legislatures, Election Commissions and Governors on this?  Nancy (banana peel) Pelosi and Harry (the Hammer) Reid hoodwinked the folks at the State Level?  I tried to call the Governor, the Secretary of State and the Lt. Governor in 2012 at 7:15 AM the morning after the Democrat National Convention to object to putting Soetero on the ballot.  They had already met and agreed to put him on the ballot in MS.

By your own admission, Obama is not worthy to wash the underwear worn after a roundup and cattle drive to market belonging to the lowest hired hand at the OK Corral, much less that of Cruz or Rubio.  

John Quincy Adams warned us about political parties and we still surrendered the power to control elections to the D's and R's with no chance in sight to stop their wanton manipulation of the vote at every chance they get to eliminate the will of the people.  Wish I could determine when the last election occurred that elected the President the people wanted.  POSSIBLY, it was Ronald Reagan.  

IF you want to talk about Constitutional issues, who was the most responsible Federal employee who should have arrested Barry Soetero RIGHT AFTER he posed to take the oath of office?  Was it the Chief Justice, Joe Biden, the Parliamentarian of the House of Representatives or the Chairman of the Joint Chiefs?

You highhanded folks are trivializing while we are losing THIS REPUBLIC. UNTIL WE CONSERVATIVES GAIN THE UPPER HAND, FIGHTING AMONG OURSELVES IS counterproductive!  

It would just be great if we could figure out how to perform a real Constitutional feat that stop this madness.  Got any ideas?

to include you in the comments i have made , may i summarize ? 1. read the preamble to the declaration

of independence  2. ask yourself if the time is now to abolish this government 3. then stop chattering /

complaining and TAKE A STAND , propose a well planned coup to remove all 535 lawmakers / potus /

scotus , move quickly , start anew...i wont give out my plans , they are lengthy and pointed.

I would LOVE to see your idea Gary.  I believe we are at the moment referred to in the Declaration's introductory paragraph.

the idea is not mine , rather the guidance provided in the Preamble.

i agree the time has come to abolish ( remove ) government ( all those occupying Potus / Scotus/

Congress ) allowing the establishment of new government ( new leaders / rules of operation and

conduct ),

to continue talking / complaining / arguing about legal definitions is exactly the stupidity the

Zionists expect and the end of this Republic and our freedoms will follow whenever they

determine they can overpower millions armed with personal weapons. they fear us so i say

they will continue to allow us to be our worst enemy as the morality / economic situation

worsens. the Zionists must believe we will self destruct helped along with their covert ops.

PROFESSIONAL PARASITES, collectively called "politicians," are the problem but in the system they have taken over they are paramount and NOT the positions they have reconstructed to meet THEIR needs  and NOT yours. If we were unified enough, we could get the active military, Middle Class, All seniors, veterans and conservatives to vote not as affiliates of one party or another but as their opposition and in unison, vote out of office EVERY INCUMBENT regardless of record. It would rid us of the worst offenders and send a message to the few remaining to do their JOBS or lose them. And, the result we would have achieved by doing so would be the proof in the pudding that it is no idle threat, but something we can continually accomplish if we choose to exercise the policy in unity of purpose.: adherence to strict constitutional process, practice and policy under the Rule of Law. The initial housecleaning would likely take 6 years-3 election cycles, since the terms of office are 2 for reps, 4 for the President and 6 for Senators. We need to change that as well and make all terms the same and then limit them to no more than two; not now, not ever!

Yes, great, hear, hear!

Laura, great! Hear, hear!!!!!!!!!!

You said it all! I tried to get people concerned when Bill Ayers came into the picture. I am sick to death of all the talking for the past 6+ yes but NO action. I hope he is impeached so he can NEVER hold public office again, then tried, not for treason, rather with all complicit in his candidacy, election, and administration, for violation of RICO statutes so all federal benefits and proceeds can be confiscated!



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