Tag Archives: Natural Born Citizen

With 2020 Foresight! The Ted Cruz Birther Lawsuit


Hmmm, I see Mario Apuzzo, An Old Hat, And A Huge Stack Of . . . Bird Cage Liners???

NOTE: I originally published this article in June 2013, but since Ted Cruz announced his Presidency, I presume the Neo-Two Citizen Parent Birthers and some of the old crowd, too will be at it again. Sooo, I decided to dust it off and republish it. It provides my analysis of how a future Birther lawsuit challenging Ted Cruz will work out. So, without further ado:

Well, I have been working my tail off on this one! I got to asking myself what would happen if Sen. Ted Cruz, or some other person who was born outside the country, ran for the presidency. Surely if the parents weren’t both American citizens, the whole silly two citizen parents stuff would rear its goofy head again.

But exactly how would the Birthers frame the argument? And how would the Defendants respond? Reading the law review articles would help with spotting the issues, but there is nothing like getting your hands dirty to get a good handle on things. The standard responses to date would not apply across the board in this case. For example, the Wong Kim Ark decision was based on a person who was born inside the United States. This was Obama’s situation, also.

Sooo, I pretended it was the year 2020, and Sen. Ted Cruz was running for office. Cruz was born in Canada and became a citizen of the United States at birth. It is easy to imagine a Birther(s) signing up to run for President, as some did this last year, in an effort to pass the standing hurdle. It is also reasonable that an Emergency Petition for Injunctive Relief would be filed in an attempt to remove Cruz from the ballot. As a method to present the scenario, I chose to write a decision as a United States District Judge denying this Injunctive Relief to the Birther. This method would present the main points of both sides, and a possible result.

For purposes of illustration, I chose Mario Apuzzo, Esq. as the Imaginary Birther, representing himself pro se. This is because he is sooo predictable, and sooo old hat. The old hat idiom means, “seen or done many times and no longer interesting. Trite. Stale. Predictable.” There is another meaning for those who have vulgar tongues, but I will skip that because this is mostly a G rated place.

Below is a pdf of my decision. I left out some of the things you normally find in a decision such as the procedural stuff. This was done to keep it shorter and simpler to read. I hope from the decision the reader can get a feel for how the Birther argument would be structured, and how a Defendant would respond.

This is strictly my opinion, and there are certainly other legal strategies that could be utilized by the Birthers or Defendants. I invite my readers, Obot, Anti-Birther, and Birther to submit their own thoughts via email attachment. I will be glad to update this article with their work along with proper attribution.

While this may not seem like the height of fun, it has to be better than a surprise visit from the Secret Service such as experienced by the readers of other websites. Enjoy!

Apuzzo Order

UPDATE 1: June 26, 2013.,

Well, that was quick. Mario Apuzzo, Esq. burned the Midnight Oil and made a Motion for Reconsideration. Here is the link to his website. Go to comments #168-#170:


And here is the pdf:

Apuzzo Motion For Reconsideration

Squeeky Fromm
Girl Reporter

Birthers Is OK People! Obama Are All Null And Void!!! (IMPORTANT UPDATE!!!)

assad 2

Long Live Syrian Electronic Army!!!

Birthers is OK People who are right Obama is not illegible for President Office! You Americans listen long time to very smart Orly Taitz lawyer and dentist person! Listen long time to Markio Apuzzo two he is LAWYER!!! Make Obama leave office like frog! All Tommyhawk Missiles fired will be null and void! All bombs will be null and void! Everything all null and void!

You IMPEACH him now from overpasses! You are to make plenty big signs! America listen to Birther people! Listen to Sheriff Apuzzo also and cowboy posse people with hats!

Long Live Syrian Electronic Army who hacks up this website with very good hack with easy to guess password!




Holy Crap!!! Apparently The Birther Think Tank was hacked two hours ago by the Syrian Electronic Army!!! I guess ” _ _ lter_ _ _ lter” wasn’t a very good password after all. I have changed it, and my email accounts to be on the safe side! I am back in control of my website and hopefully the Syrian Electronic Army will not come back. I am going to leave this post up because I am not one to let a good crisis go to waste! If the pro-Assad Syrians think that Orly Taitz is very smart, and also Mario Apuzzo, then that is certainly worth noting! I think they meant to say Sheriff Arpaio, not Sheriff Apuzzo. And eligible instead of illegible. Other than that, their grammar and sentence structure are no worse than I see from many American Birthers. I am going to add some tags to this so that other unsuspecting Americans will be alerted.

Sooo, let this post serve as a warning to everybody to make sure your passwords are not too easy to guess, or else the Syrians may come after you, too!!!

Squeeky Fromm
Girl Reporter

After Prof. Jacobson, The Birthers Need A Group Hug!!!


As Soon As He Replaced The Batteries In His Head-Cooling Propeller Beanie, Apuzzo Was Planning On Some Heavy Duty Thinking!

Well,  Cornell Law Prof. William Jacobson finally weighed in on Marco Rubio and Ted Cruz’s presidential eligibility and as expected, the Birthers are going to need a great big group hug. Because they are in some major emotional pain! Here are some excerpts from his long analysis:

The key to understanding why I reach that conclusion that Rubio, Jindal and Cruz are “natural born Citizens” requires understanding the problem.

There are strong arguments in favor of Rubio, Jindal and Cruz each being a “natural born Citizen” as that term most reasonably can be understood through its plain text because they became citizens by birth.  Their “natural born Citizen[ship]” also is consistent with the concepts, respectively, of citizenship by birth place (Rubio, Jindal) and parentage (Cruz), from which the term “natural born Citizen” is believed to derive historically.

and significantly, he finds there is no two citizen parents requirement:

8. There Is No Requirement That Both Parents Be Citizens

One common phrasing of objections to Rubio, Jindal and Cruz being deemed “natural born Citizens” is that, regardless of where they were born, both parents would have had to be citizens.

That argument is devoid of almost any support.  The text does not say so.  There is no demonstrable evidence that is what the Framer’s intended, or that’s how the term was commonly understood at the time of drafting.  Such a requirement also is not found in the almost contemporaneous, or even in British law which (as described in the section above) was confused and changed over time, but typically followed the father’s lineage for children born abroad.  See also discussion of Supreme Court cases below.

and, in his conclusion at 14:

A reasonable reading of the plain text of the Constitution supports Rubio, Jindal and Cruz being “natural born Citizen[s]” because they were citizens by birth.  There is no clear, demonstrable intent otherwise from the Framers or clear, commonly understood use of the term to the contrary at the time of drafting the Constitution.  The British term “natural born Subject” as well as concepts of “natural law” were not clearly relied upon by the Framers, and are in themselves not clearly contradictory to this plain reading of the text.

The burden should be on those challenging otherwise eligible candidates to demonstrate through clear and convincing historical evidence and legal argument why such persons should be disqualified.  That has not happened so far, and if two hundred years of scholarship is any indication, it never will happen.

The ultimate arbiter on the issue likely is to be voters, not Supreme Court Justices.

It is for these reasons that I believe Marco Rubio, Bobby Jindal and Ted Cruz are eligible to be President.

Here is the link to his findings:


One thing I disagree with Jacobson about is his treatment of the Wong Kim Ark case. I do not think he read the case enough to realize that the Court made separate findings throughout the seven part decision which takes its statements on natural born citizenship out of the “dicta” category. I will do a separate article on that. However, he did dispose of the Emer de Vattel nonsense. He also speared Leo Donofrio a few times.

It’s a good read!

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is from, The Ghost Busters TV show, about which Wiki says:

The Ghost Busters was a live-action children’s television series that ran in 1975, about a team of bumbling detectives who would investigate ghostly occurrences. Only 15 episodes were created.

This series reunited Forrest Tucker and Larry Storch in roles similar to their characters in F Troop. Tucker played Jake Kong (his first name is never actually given in this series), and Storch played zoot suit-wearing Eddie Spencer. The third member of the trio was Tracy the Gorilla, played by actor Bob Burns (credited as Tracy’s “trainer”).

The series was unrelated to the 1984 film Ghostbusters (though Columbia Pictures did pay Filmation for a license to use the name).

Each episode would always begin with Spencer and Tracy stopping at a convenience store to pick up the tape recording (recorded by co-executive producer Lou Scheimer) that explained their mission for the episode, in a parody of Mission: Impossible. It would be hidden inside a common object such as a bicycle, typewriter or painting. The message would always end by saying, “This message will self destruct in five seconds.” It would then explode in Tracy’s face for comic effect. Their investigation would take them to the same “old castle” on the outskirts of the city, and after a series of chases and pratfalls the Ghost Busters would corner the ghost (and his/her “sidekick”), which they would dispatch back to the afterlife with their Ghost Dematerializer.

Note 2. Ignore This! It is just here to link to:




blue state


muslim suicide seals



US President Obama pardons the National Thanksgiving Turkey at White House in Washington




muhammad  dutch cartoon islam

Donkey Sewer



warning sign

A Parody Sign by Squeeky Fromm, Girl Reporter

gay wedding chapel 3

The Great Freeper Birther Purge Of 2013 (Too Little, Too Late???)

Purge 2

They Were Each Sentenced To Ten Years Of Cleaning Up Steaming Piles Of Vattel

Following up on a story of a few days ago (see Note 2 below), Jim Robinson, the Eugene H. Krabs of the Free Republic Krusty Krab, is threatening to purge the place of any two-citizen parents Birthers who say mean things about either Ted Cruz or Mark Levin, Esq. Robinson has put up his own post based on the Cato Institute report which opined that Ted Cruz is a natural born citizen. There is a link below, but the actual story ran here a few days ago. What is fun is the comments! Here are a representative few:

Jim Robinson Comment# 1: As I’ve stated elsewhere on this forum many times, I have infinitely more confidence in Mark Levin and the CATO Institute than I do in legions of internet sea lawyers and bloggers.

If Ted Cruz decides to run for the Presidency and he appears to be the strongest conservative running, I will support him to the hilt. He’s one of the few conservatives in the Senate who actually has the balls to stand up for conservatism and against Obama and the GOP-e RINOs. This is a battle for the survival of America as a free nation. If we allow the democrats and the GOP-e statists to select our next opposition candidate for us, ie, Chris Christie or Jeb Bush, this nation is kaput.

We stand united or we fall. We cannot afford to destroy our best candidates or to split our conservative vote to the point that the likes of Christy or Bush gets the nod and someone like Hillary waltzes into the White House.

Supporting the “electable” Dole, McCain and Romney gave us Clinton and Obama. Supporting the crazy conservative gave us President Reagan.

and, in support of the author of the Cato Institute Piece:

Jim Robinson at Comment#  56: Looks like he’s a natural born citizen according to this author and I like his credentials as opposed to the usual internet blogger. Mark Levin likes him too. And I have much more faith in Mark Levin than your average anonymous sea lawyer/blogger.

CATO’s Ilya Shapiro: [long list of Shapiro’s qualifications omitted]

and, in response to the usual Birther “But, but, but . . . what about the Constitution?” crap, he says in six different comments:


Give us a break. No one but you is good enough for you.

Cruz is a natural born citizen. Get over it.

So those of us who support the grassroots tea party conservative and probably strongest conservative in the senate if not the entire Republican party are now considered to be moderates by birthers? Don’t look now, but I’m beginning to think the people who say birthers are nutcases aren’t that far off base. You people are imploding. Best rethink your strategy.

I’m not implying any such thing. I’m stating that if you post another slanderous attack on Mark Levin or Ted Cruz like you did earlier today, your ass is zot. If you wish to attack good conservatives, start your own damned website and have at it. You’re not going to do it here. Good luck with that. [this was to Cold Case Posse Supporter]

Either give it a rest or go somewhere else to post. I’m not interested in your slander of two great conservatives (Levin and Cruz). Drop it or begone!!

Robinson has a lot more to say, but you can read the thread yourself if you  are interested. It is still going on:


In his usual subtle and understated way, Robinson also put a separate link up on the Forum, in Big Red Letters. The arrow and the box around the link are mine:

Free Republic Cruz Link

(Click on Image Once or Twice to Make It Larger.)

What I find interesting is that Robinson is only rehashing the same arguments that many people there, including me, made before we were zotted.  He does not appear to be well versed in the topic, and just bases his opinion on Levin and the Cato Institute Report. Here is what I predict is going to happen.

First, the “birth certificate” Birthers will continue posting as usual because the basis of their belief is simply suspicions about Obama’s roots, and not the Vattel stuff. Meantime, the two citizen parents Birthers will simply continue to peddle their nonsense against Obama, while laying off of Ted Cruz and Mark Levin.  I look for them to escalate their efforts to make up for the fact that they have to STFU about Cruz. Either Jim Robinson will get the fact that a Birther Mack Truck is driving through his living room, or he won’t.

Either way, the damage is already mostly done. Over the last five years, the idiots have been busy promulgating the two citizen parent crap at Free Republic, and from there little piles of the doo-doo have been spread to blogs and forums all across the Conservative blogosphere.  And from thence, thousands of poisonous mushrooms have blossomed. I wonder if Jim Robinson understands that what is wrong with the two citizen parents theory isn’t that it hurts Ted Cruz, but that it is nothing but a stupid lie, and never was anything but that.

Like Edmund Burke said, “Sin has many tools, but a lie is the handle which fits them all.”

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is a photograph from the Soviet purges under Stalin. I was not able to determine its origin.

Note 2. Previous Posts: Here is the link to the previous Free Republic story:


And here is the link to the Cato Institute Story:


Note 3. For ESLs. The Image Easter Egg is a word play on seersucker, a type of cotton fabric often used in robes and sheer sucker, one who is utterly and completely fooled.

Note 4. Photographs of Free Republic Birthers. I have to admit that I LMAO every time I read this post, with its photographs of the Freeper Birthers. I know, I’m vain. Please forgive me.


Note 5.  Let A Hundred Flowers Bloom. This is the phrase behind the thousand poisonous mushrooms term I used.  It has to do with purges, or ideological cleansing. Wiki notes:

The first part of the phrase is often remembered in the West as “let a hundred flowers bloom”. It is used to refer to an orchestrated campaign to flush out dissidents by encouraging them to show themselves as critical of the regime, and then subsequently imprison them.

This view is supported by authors Clive James and Jung Chang, who posit that the campaign was, from the start, a ruse intended to expose rightists and counter-revolutionaries, and that Mao Zedong persecuted those whose views were different from the party’s.

Cato Institute Busts Birthers’ Chops!!!


Kato Tries To Slap Some Sense Into An Unidentified Birther

Ilya Shapiro of The Cato Institute, a libertarian think tank, busted the chops of the two citizen parents with a recent post on Ted Cruz’s eligibility. Here are a few excerpts:

What’s a “natural born citizen”? The Constitution doesn’t say, but the Framers’ understanding, combined with statutes enacted by the First Congress, indicate that the phrase means both birth abroad to American parents — in a manner regulated by federal law — and birth within the nation’s territory regardless of parental citizenship. The Supreme Court has confirmed that definition on multiple occasions in various contexts.

There’s no ideological debate here: Harvard law professor Laurence Tribe and former solicitor general Ted Olson — who were on opposite sides in Bush v. Gore among other cases — co-authored a memorandum in March 2008 detailing the above legal explanation in the context of John McCain’s eligibility. Recall that McCain — lately one of Cruz’s chief antagonists — was born to U.S. citizen parents serving on a military base in the Panama Canal Zone.

In other words, anyone who is a citizen at birth — as opposed to someone who becomes a citizen later (“naturalizes”) or who isn’t a citizen at all — can be president.

So the one remaining question is whether Ted Cruz was a citizen at birth. That’s an easy one. The Nationality Act of 1940 outlines which children become “nationals and citizens of the United States at birth.” In addition to those who are born in the United States or born outside the country to parents who were both citizens — or, interestingly, found in the United States without parents and no proof of birth elsewhere — citizenship goes to babies born to one American parent who has spent a certain number of years here.


Of course, Ted Cruz meets those qualifications! Sooo, my hat is off to a fellow Think Tanker for getting it right!

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is Bruce Lee playing the role of Kato in The Green Hornet TV series. I am not sure who the guy in the mask is. Just for what it is worth trivia-wise, the Green Hornet was a relative of The Lone Ranger!

Note 2. Busting Chops. For ESLs, the Free Dictionary defines chops, and busting someone’s chops  as:

chops (chps) pl.n.
1. The jaws.
2.a. The mouth.
b. The lower cheeks or jowls.
c. Muttonchops.
3. Slang The technical skill with which a jazz or rock musician performs.

Idiom: bust (someone’s) chops
1. To scold or insult someone.
2. To disappoint or defeat someone.
3. To hold a building contractor to the letter of an agreement.


The Image Easter Egg is a word play on the “Oh Hai” Internet meme, and the word “Hai” which is loudly expressed during Karate and Kung Fu strikes. “Hai” means “yes” in Japanese.

Jim Robinson Fires Cruz Missile At Free Republic Birthers!!!

USS Jim Robinson 2

It May Have Looked Like A Destroyer, But It Was Really A Cruz Ship

The Free Republic Birthers got a wake up call yesterday from Jim Robinson, the crusty owner of the website.  On a thread about the individual who made a Birther out of himself at a Mark Levin book signing,  Judge Robinson settled the Ted Cruz eligibility question for the Freepers:

Jim Robinson at Comment 43: Ted Cruz was born to an American mother. He’s a natural born citizen and patriot in every sense of the word and I will support him to the hilt if he decides to run and is the strongest conservative running!! In fact, if that happens, FR will be Cruz Country!!

Go, TED, GO!!

FU Tokyo Rove, Chris Cristy, Jeb Bush, McCain, McBoehner, McGrahammesty, McFlake, McConnell and ALL GOP-e RINOS!!

The tea party rebellion is on!!

Anyone can’t live with that (as the say in Russia) tough shitski!!

and, when hit with the typical Birther ” But we’re just constitutionalists!” claims:

Jim Robinson at Comment 89: I’m upholding my oath. Cruz is a natural born citizen despite any claims to the contrary from the legions of internet “sea lawyers!”

and again, when asked, “Do you intend to ban those Conservatives that disagree with you on this matter”

Jim Robinson at Comment 91: Depends on the degree of nastiness. Don’t get nasty against our freepers or our conservative candidates.

and, when pushed some more:

Jim Robinson at 126: I said if Cruz is the strongest conservative running. But neither Cruz or Palin have declared. We’ll have to wait and see. And as far as I’m concerned, I’ll go with Levin and others who say Cruz is a natural born citizen.

Robinson had more to say, but I just wanted to provide enough to get across the gist of what happened. Here is a link to the thread.


I was once a Freeper, but when I jumped on the two citizen parents Birthers there, I got the ZOT! There is a link in Note 1 below to the article I wrote in response, which has some undercover photos of the Freeper Birthers in full whine mode.  Jim Robinson has several problems on his hands, and not easy ones to solve. He has flatly decreed, and correctly, that Ted Cruz is eligible. Yet, he has not come right out and told the Birthers to knock off all the “two citizen parents” stuff.

By the very nature of things, it is not the “birth certificate” Birthers who have a problem with Cruz, unless they are also “two citizen parents” type Birthers.  And frankly, the two citizen parents Birthers are beyond reasoning with. They have repeatedly lost in court, and are not fazed.  Their argument is nonsensical to begin with. What person with a functioning brain really believes that Emer de Vattel is the source of American citizenship law??? Yet, they persist in the silliness.

What reasonably intelligent person can’t read the Wong Kim Ark (WKA) case a half dozen times and get the point, that the 14th Amendment put natural born citizenship for those born inside the country into the Constitution, where it would be safe from both either state and Congressional tinkering? It make take several readings, but goodness, two of the seven sections are dedicated to natural born subjects and natural born citizens. Another section is dedicated to showing how the 14th Amendment affirms and incorporates that previous law into itself. And still, the two citizen parents birthers are out there trying to defeat an 1898 SCOTUS holding with a 1758 legal treatise by a Swiss guy. Or some legal dictionary they found at a garage sale. Or, some case prior to 1898, which even if they were reading it correctly, would be reversed by WKA.

To paraphrase John Donne, from his Love’s Alchemy poem, “Hope not for mind [reason] in Birthers!” And to make it worse, it is not as if the Obots and Anti-Birthers aren’t doing their best to educate the poor addled two citizen parents birthers.  We write words enough to stretch to Pluto and back, and they still ignore us.  Jim Robinson is delusional if he thinks anything short of banning them or completely censoring them for preaching their nonsense is going to stop them.

That is where his second problem comes in. Because the longer they preach the “two citizen parents” nonsense, the more it sinks into the minds of low information voters. It will not matter to many of them that the nonsense is being presented against Obama, and not against conservative candidates. They will repeat the nonsense as if they know what they are talking about, and then refuse to vote for people like Bobby Jindal, Marc Rubio, or Ted Cruz. If he cares about his conservative causes, Robinson must tell them to knock off all the two citizen parents nonsense period, or get banned.  He has already let this nonsense go on for too long, and the longer it goes on, the worse it gets for Cruz and others.

Finally, he has the problem of how to go about banning or zotting them with a straight face.  He had no problem setting forth restrictions on rampant paranoia like Alex Jones’ Prison Planet, and overtly sovereign citizen theories. He didn’t let that stuff ever take hold at his website. It is different with the Birthers because he shares responsibility for letting them get to this point. At Free Republic they formed a clique and went around screaming Troll! and Obot! at people who disagreed with them.  Some of us got zotted. Free Republic became Birther friendly territory.

And fertile ground it was. Some of the dumbest Birthers I ever met  took root and grew at Free Republic, including but not limited to: Edge919, DiogenesLamp, and Butterdezillion. Robinson should have put his foot down a long time ago, the same as he would have if a group was telling Freepers they didn’t have to pay income taxes. But he didn’t,  and now the place is full of them.

In summary, half measures won’t work, the Birthers continue to do damage to the conservative cause, and they are in large enough numbers that it will hurt the website to ZOT! them all.  The best alternative I can see is for him to resort to outright censorship. He needs to flatly state that the two citizen parent stuff is complete bullsh*t,  and anybody who preaches it, and misleads other conservatives, even if it is in relation to Obama, is going to get the ZOT!.

It should be interesting to watch.

Squeeky Fromm
Girl Reporter

Note 1.  Squeeky’s Free Republic ZOT!: Like I said above, there are photographs of the Birthers!


Birthers Raise The Dickens With Mark Levin!!! (Or, Levin Let Live???)


The Birthers Kept Dragging Up The Ghost Of Poor Emer de Vattel To Scare People

Once again, an insistent Birther crashes another party and provides a good dose of buzzkill. This time, it was Mark Levin’s book signing tour for The Liberty Amendments. Here are a few excerpts, that I paragraphed to make easier to read, and the entire transcription is at the link below:

Mark Levin:  Before we jump in, all I can say is, Wow!  You guys, open your microphones a second.  Thousands of people at both booksignings.  Wasn’t that unbelievable?

Staffer: There were a lot of people there, it was great.

Mark Levin:  And the people were just spectacular, weren’t they?  Except for one guy in New Jersey which I’ll talk about later.

Staffer:  [chuckles]

Mark Levin:   This… this birther stuff is way, way out of contr…”Now Ted Cruz” … I swear I almost hit this guy… “Ted Cruz is not a citizen!”  No, he’s born to an American mother, no he’s born in Canada to an American mother.  So all you pregnant ladies traveling overseas:  According to certain birther, uh, groups, if you have a child while you are on vacation, they’re not Americans.  They’re not natural-born Americans.  I just thought you’d wanna know, if you were thinking of your kid as a potential presidential candidate, uh, because they say so.  They have no historical background whatsoever… None!  But it’s, it’s just amazing!  Absolutely stunning!


Mark Levin: Just a wonderful group of people, uh, we were in Bookends, Ridgewood, New Jersey, and everyone was respectful until…and it was hot outside, it got hot, hotter than uh originally forecast and it was a very long line, and you know we try to go through it quickly out of respect for everybody in line, but I also try to be respectful to everybody in line.  Um…but this fella [breathes out] gets in my face and first of all he points to some obscure note on page I don’t know whatever and he said [cough] excuse me folks, and he says “You were wrong about this, you were wrong about”, and honestly I, I, I didn’t have time to read it, and I’ll go back and check it, if I’m wrong about it I’ll fix it, and that happens sometimes in these books when you’re going into the notes, you might put a word when you mean another word, or a state when you mean another state, so I’m going to check it out, I just haven’t had time.

And then he goes, he says uh “And Ted Cruz is not eligible to be president.  He’s not a natural-born Citizen.”  And I thought to myself, you know I, this is not a subject that I have studied so thoroughly, but he’s born of a mother who is an American citizen.  Doesn’t that make him a natural-born Ci…  “No, but he was in Canada when he was born!”  Okay, but she wasn’t Canadian, she was an American citizen!  She was an American citizen.  And so, the issue isn’t what the Constitution says in that regard, the issue is how do we interpret that.  And the way I interpret it is, his mother’s an American citizen, so he’s an American citizen!

That’s not a constitutional issue, that’s an interpretive issue… or, a statutory issue if Congress has passed some law subsequent to that to enforce that provision of the Constitution.  So, the face of the Constitution isn’t terribly helpful.  If he was born of non-citizens in a foreign country that would be easy, and there’s a lot of easy cases.  So the guy gets in my face, and he starts pointing and pointing, and I looked at him and I pointed back, and I cursed, unfortunately, but the, because, uh you know, he was…he was a nutjob.  And I thought to myself: Why do you come here and do that?  Is this, is this sort of the way you…you  excite yourself or something?

and finally:

Mark Levin: But what particularly bothered me about this guy…he was disrespectful in his conduct to everybody else standing there. They were pleasant, talking to each other, you know…listening, watching and so forth.  I’m a big boy; I’ve seen this and a thousand times worse.  But he was quite obnoxious.

There is a lot more at this link:


This is not something new with the Birther issues.  I don’t knock the Birthers for expressing their opinions with passion, but it would be nice if they occasionally took the time to remember that all they have really, truly are just. . . OPINIONS. And when it comes to the value of those OPINIONS, these little things we call COURTS and JUDGES have a whole lot more relevant and meaningful OPINIONS. For the same reasons that an Umpire’s OPINION that the runner is safe, or out, is a lot more relevant and meaningful than either the players’ OPINION or the people in the stands’ OPINION.

Whether or not Ted Cruz is eligible is not yet chiseled in stone. After a court decides, and the appeals are settled, then the question will be answered. In the meantime, most people who have read the various legal cases think that he is.  In a previous post, I took the time to frame the question in the way I see it being framed in a future lawsuit, and then I answered the concerns the way that I think a real judge would.


This is also another reason why the Birthers are so stuck in their rut. They have way too much passion, and way too little detached reflection about the issue. They are so convinced that they are right, that they aren’t able to read and comprehend what decisions like Wong Kim Ark (1898) are really all about. At least, that is my OPINION. But when it comes to Ted Cruz, there hasn’t yet been a candidate with his particular background.  There hasn’t been a candidate born overseas and made a citizen by an act of naturalization. There isn’t a judicial decision which directly covers him. So, his eligibility is still an open question.

Or as Mark Levin said above:

And so, the issue isn’t what the Constitution says in that regard, the issue is how do we interpret that.  And the way I interpret it is, his mother’s an American citizen, so he’s an American citizen! That’s not a constitutional issue, that’s an interpretive issue… or, a statutory issue if Congress has passed some law subsequent to that to enforce that provision of the Constitution.  So, the face of the Constitution isn’t terribly helpful.

That is not an OPINION. That is a FACT!

Squeeky Fromm
Girl Reporter

Note 1. The Image. This is Ebenezer Scrooge and the Ghost of Jacob Marley from Charles Dicken’s A Christmas Carol. I could not trace it back to a particular production.

Note 2. Mario Apuzzo, Esq.’s response to the above Order. The above order generated a response from Mario Apuzzo, Esq. His response is linked, and included in the original post here:


Note 3. The Dickens. For ESL’s this is a word play on Charles Dickens, the author of A Christmas Carol, and the phrase, raise the dickens, which means:

raise the dickens (with someone or something)

to act in some extreme manner; to make trouble; to behave wildly; to be very angry.

John was out all night raising the dickens. That cheap gas I bought really raised the dickens with my car’s engine.


Note 4. Puns That Might Have Been. Well, I checked out the map, because I was really hoping that Ridgewood N.J. was a suburb of Philadelphia. I was just dying to make the Image Easter Egg:

“He’s Been Phil. Spectred???”

(from the Simon & Garfunkel song.)

Note 5. The Prequel. Mark Levin is not real fond of Birthers in the first place, having once said on his radio show:

I want you to listen to me on my social sites. Marco Rubio was born in Miami, Florida. He is a natural born United States citizen. And if I get any more of this Birther crap up there. . . this is a warning, and I don’t care who you are, you’re going to be banned. Okay? This is a site I put up for rational people. Marco Rubio was born in Miami, Florida in 1940, excuse me, 1971. He’s 40. There’s no debate. So take that Birther crap somewhere else. Just a warning. . . got it? I’m not into all that crap. You can go somewhere else for that.

Mark Levin
Sept. 28, 2011


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