Professional Documents
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Walter L. Wagner
PO Box 271233
Salt Lake City, UT 84127
808-443-6344
retlawdad@hotmail.com
THJCT DF U H .
Walter L. Wagner,
Plaintiff
vs.
Rafael Edward (Ted} Cruz,
Defendant
Case: 2:16cv00055
Assigned To : Parrish, Jill N.
Assign. Date : 1/22/2016
Description: Wagner v. Cruz
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Jurisdiction
1.
State of Texas.
3.
citizenship.
II
Factual Allegations
4.
Defendant was
born
in
Calgary,
Alberta,
Canada
on
b.
residence
at the time of
defendant's birth.
d.
One
or
more
members
of
Defendant's
household
g.
Ill
Request for Relief and Declaratory Judgment
5.
Plaintiff has a vested interest in insuring that all candidates for the
6.
Having an
((natural born" citizen within the meaning of the U.S. Constitution, but
is instead a foreign-born citizen who was made a potential citizen at
birth by way of his mother's citizenship, with the ability to choose a
citizenship status other than that of U.S.A. due to his foreign birth and
sole U.S.A. citizen parent.
8.
timely manner.
Points and Authorities in Support
Plaintiff respectfully submits the following points and authorities
in support of his request for declaratory judgment:
10.
12.
reads:
13.
effect that defendant is not a "natural born" American citizen due to his
birth and early childhood in Canada from only a single U.S. citizen
parent (mother). The founding fathers included a different standard of
citizenship to serve as the Commander in Chief of the U.S. armed
services and U.S. President, inserting the additional requirement into
the U.S. Constitution that such U.S. citizen seeking such office must also
be "natural born" to serve in the office of President, which office
defendant Cruz seeks. Common usage has referred to "natural born" as
being born on U.S. soil.
"natural born" due to his birth on U.S. soil (Panama Canal Zone) to two
U.S. citizen parents.
11
Moreover, that statute did not say the children were natural
born, but only that they should "be considered as" such.
Finally, as soon as Madison, then a member of Congress, was
assigned to redraft the statute in 1795, he deleted the
phrase ''natural born," and it has never reappeared in a
naturalization statute.
When discussing the meaning of a constitutional term, it is
important to go beyond secondary sources and look to the
Jaw itself. And on this issue, the law is clear: The framers of
the Constitution required the president of the United States
to be born in the United States."
15.
13
Citizenship
has since
been
class
referenced in that case in which there had been doubts, i.e. birth to
parents in the U.S. without regard to citizenship status of the parents
qualifies one for citizenship, and thus likewise ((natural born" as also
born on U.S. soil (with ((within the jurisdiction" referring to U.S.
territory).
17.
with a single U.S. citizen parent in a far foreign land, being raised in that
land for 17 years, then removing to the U.S.A and asserting U.S.
citizenship.
14
requested
defendant Cruz is not "natural born" within the meaning of the U.S.
Constitution.
DATED:
Walter L. Wagner
15
JS 44 (Rev. 12/12)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (.)'EE INST!lUCTIONS ON NEXT PAGE OF THIS FORM.)
WMNER
,,,f!~~~E.L.
UTitH ? ? \::J j: 2 L
I. (a) PLAINTIFFS
WA-L-r~
\b JM-1
0 2
0 3 Federal Question
(U.S. Government No/ a ?.arty)
U.S. Government
Plaintiff
U.S. Government
Defenrlant
0 I
'-JtoTE:
fpi!_
0 2
Diversity
(Indimle Citizenship f!(Parlie.\' inllem III)
0 3
0
0
0
0
0
0
0
0
0
0
0
0
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
!50 Recovery of Overpayment
& Enforcement of Judgment
IS I Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
I 53 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
I 95 Contract Product Liability
196 Franchise
.. -.,,..
PERSONAL INJURY
0
0
0
0
0
0
0
0
0
0
0
0
0
:.-:
0
0
0
0
0
0
0
V. ORIGIN
W 1 Original
' ~:;:";-;
..
', i
PERSONAL INJURY
0 31 0 Airplane
0 315 Airplane Product
0
REAL-PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tor1 Product Liobility
290 All Other Real Property
0 2 Removed from
State Court
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
~2
0
0 5
Foreign Nation
0 6
. ;. BANKRUPTCY'-
~-'
-_
..,,_
.:-
28
usc 157
0 36 7 Health Care/
Phannaceutical
Personallnjmy
Product Liability
0 368 Asbestos Personal
Injmy Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Proper1y Damage
0 385 Property Damage
Product Liability
-- PROPERTY-RIGHTS':-
0 820 Copyrights
0. 830 Patent
0 840 Trademark
LABOR;.-;..-.
71 0 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
..
0
0
0
0
0
"
PRISONER PETITIONS' .- 0
Habcns Corpus:
0 463 Alien Detainee
0 510 Motions to Vacnte
Sentence
0 530 General
. IMMIGRATION
0 535 Death Penalty
Other:
0 462 Naturalization Application
0 540 Mandamus & Other 0 465 Other Jmmil'""''""
0 550 Civil Rights
Actions
0 555 Prison Condition
0 560 Civil DetaineeConditions of
Confinement
0
0
0
0
0
0
0
OTHERSTATUTES
Remanded from
Appellate Court
Cormpt Organizations
0 480 Consumer Credit
...
490
Cable/Sat TV
'.--SOGIALSECURITY '
0
0 861 HIA (1395ff)
0 850 Securities/Commodities/
0 862 Black Lung (923)
~
Exchange
0 863 DIWC/DIWW (405(g))
890 Other Statutory Actions
0 864 SSID Title XVI
0 891 Agricultural Acts
0 865 RSI (405(g))
0 893 Environmental Matters
0 895 Freedom oflnformation
Act
0 896 Arbitration
.-: FEDERALTAXSUITS
0 899 Administrative Procedure
0 870 Taxes (U.S. Plaintiff
Act/Review or Appeal of
or Defendant)
Agency Decision
0 871 IRS-Third Party
0 950 Constitutionality of
26 usc 7609
State Statutes
0 4 Reinstated or
Reopened
JURY DEMAND:
(.>ee ins/rue/ions):
DOCKET NUMBER
APPLYING IFP
JUDGE
...,.1
Case: 2:16cv00055
Assigned To : Parrish, Jill N.
Assign. Date : 1/22/2016
Descrlptlon: Wagner v. Cruz
(Place an "X"In0nel3ox0nly)
~ Proceeding
DEF
Product Liability
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
lr\imy
362 Personal Injury Medical Malpractice
-. CIVILRIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/DisabilitiesEmployment
446 Amer. w/DisabilitiesOther
448 Education
'FORFEITURE/PENALTY:_
MAO. JUDGE
0 Yes