Law Professor Derek Muller here writes that New Hampshire law, if read carefully, does not allow the New Hampshire Ballot Law Commission to decide presidential qualifications. Professor Muller says if the New Hampshire law were followed faithfully, Secretary of State Bill Gardner should make the decision. Thanks to Rick Hasen for the link.
This subject is in the news because the Ballot Law Commission is set to decide whether Ted Cruz should be on the Republican presidential primary.
This isn’t news: the commission told Orly Taitz the same thing in 2011 when she unsuccessfully challenged President Obama in New Hampshire.
The Obama issue and the Cruz issue are not that similar. Ted Cruz acknowledges that he was born in Calgary, Alberta, Canada.
@Richard Winger
If the NH Ballot Law Commission told Orly Taitz to go talk to the SOS, then the cases are identical.
http://foreignpolicy.com/2013/02/27/tribes-with-flags/
Thanks for sharing, Richard. I went and looked at the Taitz video of the hearing before the BLC. She had about an hour to present her case, largely on the merits. The BLC did receive a brief jurisdictional charge, but solely to say that it was supposed to address the paperwork and not the merits–not that it lacked authority to hear anything under the law at all. And it ultimately voted to ratify the Secretary of State’s decision, rather than throw it out for lack of jurisdiction. Perhaps distinctions without a difference. That part is at the end of the video here: https://www.youtube.com/watch?v=BUcyb5pmUKI But the jurisdictional question, I think, is not as well-settled as one might expect.
That is how we got in this mess in the first place , listening to liberal lawyers who don’t know US Constitutional law . Google Dr. Herb Titus and Natural Born citizen . or google Natural Born Citizen for dummies .
Ted Cruz is not a natural born citizen. He was naturalized and is still not a citizen of Texas, because he was not naturalized
in the United States.