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Title: Lawyers say Canadian-born Cruz eligible to run for president
Source:
FoxNews
URL Source: http://www.foxnews.com/politics/201 ... eligible-to-run-for-president/
Published: Mar 14, 2015
Author: Dan Gallo
Post Date: 2015-03-14 09:30:11 by cranky
Keywords: None
Views: 6416
Comments: 38
Sen. Ted Cruz, R-Texas, speaks at the International Association of Firefighters (IAFF) Legislative Conference and Presidential Forum in Washington. While questions about Canadian-born Sen. Ted Cruz’s eligibility to be president haven’t drawn much attention, two former Justice Department lawyers have weighed in with a bipartisan verdict: Cruz, they say, is eligible to run for the White House.
Neal Katyal, acting solicitor general in the Obama administration, and Paul Clemente, solicitor general in President George W. Bush’s administration, got out in front of the issue in a Harvard Law Review article.
“There is no question that Senator Cruz has been a citizen from birth and is thus a ‘natural born Citizen’ within the meaning of the Constitution,” they wrote.
Anti-Cruz “birthers” had questioned the Texas Republican senator’s eligibility to be president, challenging his citizenship status because he was born in Canada. Two years ago, Cruz released his birth certificate showing his mother was a U.S. citizen born in Delaware, presumably satisfying the requirements for presidential eligibility as a “natural born citizen.”
The law review article, “On the Meaning of ‘Natural Born Citizen”, asserts that the interpretation of the term was settled in Cruz’s favor as early as the 1700’s. The lawyers wrote that the Supreme Court has long used British common law and enactments of the First Congress for guidance on defining a “natural born citizen.”
“Both confirm that the original meaning of the phrase ‘natural born Citizen’ includes persons born abroad who are citizens from birth based on the citizenship of a parent,” they wrote. They concluded someone like Cruz had “no need to go through naturalization proceedings,” making him eligible. Cruz is still weighing a presidential run.
Last month, Cruz addressed the citizenship issue during a question-and-answer session with moderator Sean Hannity, of Fox News, at the Conservative Political Action Conference. “I was born in Calgary. My mother was an American citizen by birth,” Cruz said. “Under federal law, that made me an American citizen by birth. The Constitution requires that you be a natural-born citizen.”
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#1. To: cranky (#0)
So even if Obama was born in Kenya he meets the requirement. How about that? Boy, how opinion changes when it's "our" guy, huh?
Boy, how opinion changes when it's "our" guy, huh? There is a difference. Cruz's father had legal status to be in the U.S. Obama's father did not.
Legal status? WTF does that have to do with U.S. citizenship? When Ted Cruz was born in Canada, his father had Canadian citizenship. Seems to me that Canada could just as easily say that since Ted Cruz was born on Canadian soil to a Canadian father, he's a natural born Canadian citizen. No?
Seems to me that Canada could just as easily say that since Ted Cruz was born on Canadian soil to a Canadian father, he's a natural born Canadian citizen. No? Do you think that wet wetbacks are more of a citizen then a U.S soldier who would happen to have his child born in say Germany? Here is what it has to do with. I read an article a few years ago that made that point better then I did. Cruz 2016 if you want your country back.
You're confusing "citizen" with "natural born citizen". According to the 14th amendment, a child born on U.S. soil is a natural born citizen, regardless of the citizenship of their parents. In my opinion, it's time to modify that amendment by adding the phrase "... born to a least one citizen parent".
That's weird. My copy of the US Constitution doesn't have the phrase 'natural born' in the Fourteenth Amendment.
I'm betting your copy of the U.S. Constitution doesn't have a lot of things in it that the U.S. Constitution nevertheless addresses. The 14th amendment does say a child born on U.S. soil is a citizen, correct? And being born on U.S. soil makes the child natural born. Put 'em together and they spell "Mother". Certainly if you have another defition of natural born, I'd like to know where you got it from. ("Out of your ass" does not count.)
No, it doesn't. And the Fourteenth Amendment doesn't say it does. If it did, the Snyder Act would not have been necessary.
[cranky] No, it doesn't. And the Fourteenth Amendment doesn't say it does. misterwhite is correct with the sole exception of those few who enjoy diplomatic immunity and therefore are not subject to the jurisdiction of the United States. The children born of diplomats who have immunity are born with immunity. For some time, Indian tribes on reservations were not considered within the territory and jurisdiction of the U.S. The child born of an illegal alien at a detention center awaiting deportation is a natural born U.S. citizen. The child is born within the territory and jurisdiction of the United States.
Wrong. That's an anchor baby, 14th amendment citizen. Not a natural born US citizen. Willard M. Romney is not a total anchor baby, since his illegal alien father (Michigan governor George Romney) married a Gringa, and he was born in the US. No way is he a "natural born US citizen", either. Mitt's loyalties clearly lie with Chihuahua, not Massachusetts.
Mitt Romney is a natural-born United States citizen, as are Barack Obama, Ted Cruz, Marco Rubio, Bobby Jindal and everyone else born in the U.S. and subject to its jurisdiction.
Cruz was born in Canada. He's subject to Fidel Castro and the Kanucks. Literally, he's a British subject, with communist roots. Ted’s father and mother were not foreign diplomats living in Canada. Ted was therefore, a Native Born citizen of Canada at birth. On this basis alone, he could not possibly be a Natural Born Citizen of the United States as a simple matter of legal fact. To be honest, this was a question I had not even considered until now. Like most Americans, I had “assumed” that Ted Cruz was naturalized under U.S. Immigration laws at the time his parents left Canada and became naturalized citizens of the United States living in Texas. Under U.S. law, it is not possible for any individual to be both “Natural Born Citizen” and “Naturalized citizen.” Ted is one or the other, not both… and the same is true for every individual. I will no longer make that assumption, but will instead, look at the facts. Is Ted even eligible for the U.S. Senate? Under Article I of the U.S. Constitution, to hold a seat in the U.S. Senate, one must meet the following conditions – “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.” So, the issue is not whether or not Ted Cruz has ever denounced his Canadian citizenship, as it pertains to holding a Senate seat, but rather whether or not, and when, Ted became a Naturalized citizen of the United States? As a Native citizen of Canada, Ted would have had to naturalize to the United States at some point, at least nine years prior to seeking office in the U.S. Senate. As the son of a U.S. citizen mother, the process of naturalization for Ted would have been very simple, but it would have still required a naturalization process since he was not born in the United States, nor did his parents register him as a U.S. citizen at the time of his birth in Canada. However, as of this writing, I have been unable to find any records of Ted or his father naturalizing to the United States from Canada. (If anyone has proof of U.S. naturalization for Rafael Edward Cruz, please send it to my email.) This means that the question of Ted’s eligibility for the U.S. Senate is not yet answered. However, the question of whether or not Ted Cruz is a Natural Born Citizen of the United States, eligible for the Oval Office, is indeed answered. As Natural Born is a status passed from Father to son at birth, Ted could only be a Natural Born Citizen of Cuba, as that is the citizenship held by his natural birth father at the time Ted was born in Canada. Because his mother Eleanor held citizenship in the U.S. at the time of Ted’s birth, she could have registered Ted as a dual citizen at birth, Canada by Native birth right and citizen of the U.S. through his mother’s citizenship in the U.S. She did not register Ted as a dual citizen at birth, but rather as a Native Born Citizen of Canada alone. Because his parents immigrated from Canada to the U.S. in 1974, they could have naturalized both Ted and his father Rafael in 1974, or sometime thereafter, making Ted a naturalized citizen, not a Natural Born Citizen. However, we have so far been unable to confirm that any such naturalization process ever happened. Is Ted a Native Born Citizen of the United States? No… because he was born a Native Born citizen of Canada alone. Is Ted a Natural Born Citizen of the United States? No… because his father was only a legal citizen of Cuba at the time of Ted’s birth in Canada. Is Ted a Naturalized citizen of the United States, eligible to hold a seat in the U.S. Senate, but not eligible to hold the Oval Office? We simply do not have adequate documentation to either confirm or deny Ted’s naturalized U.S. citizenship status. But if we are able to confirm that Ted is indeed a naturalized citizen of the United States, we will have also confirmed that it is not possible for him to also be a Natural Born Citizen of the United States. The issue of whether or not Ted Cruz is eligible for the Oval Office has been completely answered and the answer is no… But the issue of Ted’s eligibility for the U.S. Senate remains open to further investigation. An update on this matter will be issued once adequate documentation can be found and confirmed. What about Obama? Applying the same sound legal standards to Obama just applied to Cruz, the answer is again a resounding no… Barack Hussein Obama was born the son of a Kenyan Father who held at no time in his life, U.S. citizenship. Obama’s birthplace is still in question, as is his mother’s identity and legal status at the time of Obama’s birth. Like Cruz, Obama may or may not be a legal “citizen” of the United States. But like Cruz, he is absolutely not a Natural Born Citizen of the United States. [......]
As a Native citizen of Canada, Ted would have had to naturalize to the United States at some point, at least nine years prior to seeking office in the U.S. Senate. As the son of a U.S. citizen mother, the process of naturalization for Ted would have been very simple, but it would have still required a naturalization process since he was not born in the United States, nor did his parents register him as a U.S. citizen at the time of his birth in Canada. The source is: By J.B. Williams He published unending legal birther nonsense about Obama that was wrong. File his crap along with Dr. Orly. This legal nonsense is all wrong. As a natural born citizen of the United States, Ted Cruz has never been naturalized and has never been eligible for naturalization. Canadian or other foreign law does not apply to determination of U.S. citizenship at birth. Under the inane theory that one considered a citizen by another country could not be eligible for the presidency, Iran could offer citizenship at birth to all children born to American citizens and nobody thereafter would be eligible for the presidency. American birth citizenship is solely a matter of applicable United States law. Born: December 22, 1970 (age 44), Calgary, Canada The mother of Ted Cruz was an American citizen at the time of his birth in 1970. According to U.S. law in effect at that time, he became a U.S. citizen at birth. Whatever other citizenship he may have been eligible for was irrelevant under U.S. law. Cruz’s mother, Eleanor Darragh, was born in Delaware. She graduated high school from St. Joseph's Academy in 1952. She graduated from Rice University in 1956. She was a U.S. citizen, resident in the United States for more than 10 years, at least 5 of which were after attaining the age of sixteen years. http://www.sjaconnections.org/s/282/index.aspx?sid=282&gid=1&pgid=340 Eleanor Darragh Cruz 1952 http://www.texastribune.org/2012/08/13/texplainer-could-canadian-born-ted-cruz-be-preside/ As the mother of Ted Cruz was a U.S. citizen and met the residency requirement then in effect, Ted Cruz became a United States citizen at birth. He is a natural born citizen. Current State Department regulations show: http://www.docstoc.com/docs/170281960/7-FAM-1130-Acquisition-of---US-Department-of-State (TL:CON-68; 04-01-1998) a. Only time actually spent in the United States, in its outlying possessions, the Commonwealth of the Northern Mariana Islands on or after November 3, 1986, or abroad for reasons within the scope of section 301(g) INA may be counted toward the physical presence required to transmit U.S. citizenship. For children born prior to November 14, 1986, the transmitting parent's physical presence must total 10 years, at least 5 of which were after reaching age 14. For children born on or after November 14, 1986, the transmitting parent must have 5 years' physical presence, at least 2 of which were after age 14. Illustrative examples discussed below are for the 5-year requirement. The same principles, however, apply to the 10-year requirement in effect before November 14, 1986. When all else fails, as a very last resort, one can read the actual applicable law. http://www.gpo.gov/fdsys/pkg/STATUTE-79/pdf/STATUTE-79-Pg911.pdf Nationality Act of 1940, 54 Stat 1137, 1138-39, Sec 201, Nationality at Birth AN ACT To revise and codify the nationality laws of the United States into a comprehensive nationality code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the nationality laws of the United States are revised and codified as follows: October 14, 1940 Nationality Act of 1940. TITLE I Section 1. This Act may be cited as the Nationality Act of 1940. [...] 54 Stat.1138 CHAPTER II—NATIONALITY AT BIRTH Nationals and citizens of U. S. at birth. Sec. 201. The following shall be nationals and citizens of the United States at birth: (a) A person born in the United States, and subject to the jurisdiction thereof; (b) A person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property ; (c) A person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has resided in the United States or one of its outlying possessions, prior to the birth of such person; (d) A person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who resided in the United States or one of its outlying possessions prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States; (e) A person born in an outlying possession of the United States of parents^ one of whom is a citizen of the United States who resided in the United States or one of its outlying possessions prior to the birth of such person; (f) A child of unknown parentage found in the United States, until shown not to have been born in the United States; 54 Stat.] 76th CONG., 3d SESS.—CH. 876—OCT. 14, 1&40 1139 (g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien: Provided, That, in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease. The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the child's birth residing abroad solely or principally in the employment of the Government of the United States or a bona fide American, educational, scientific, philanthropic, religious, commercial, or financial organization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation; (h) The foregoing provisions of subsection (g) concerning retention of citizenship shall apply to a child born abroad subsequent to May 24, 1934.
There are no replies to Comment # 38. End Trace Mode for Comment # 38.
Top • Page Up • Full Thread • Page Down • Bottom/Latest"Both confirm that the original meaning of the phrase ‘natural born Citizen’ includes persons born abroad who are citizens from birth based on the citizenship of a parent”
#2. To: misterwhite (#1)
So even if Obama was born in Kenya he meets the requirement. How about that?
#3. To: A K A Stone (#2)
There is a difference.
Cruz's father had legal status to be in the U.S.Obama's father did not.
#4. To: misterwhite (#3)
Legal status? WTF does that have to do with U.S. citizenship? When Ted Cruz was born in Canada, his father had Canadian citizenship.
#5. To: A K A Stone (#4)
"Do you think that wet wetbacks are more of a citizen then a U.S soldier who would happen to have his child born in say Germany?"
#13. To: misterwhite (#5)
According to the 14th amendment, a child born on U.S. soil is a natural born citizen
#16. To: cranky (#13)
"My copy of the US Constitution doesn't have the phrase 'natural born' in the Fourteenth Amendment.'
#26. To: misterwhite (#16)
And being born on U.S. soil makes the child natural born.
#29. To: cranky, misterwite (#26)
[misterwhite] And being born on U.S. soil makes the child natural born.
#32. To: nolu chan, 14th amendment citizen, natural anchor baby (#29)
(Edited)
The child born of an illegal alien at a detention center awaiting deportation is a natural born U.S. citizen
#34. To: hondo68 (#32)
Willard M. Romney is not a total anchor baby, since his illegal alien father (Michigan governor George Romney) married a Gringa, and he was born in the US. No way is he a "natural born US citizen", either.
#36. To: nolu chan, natural born commie, British subject (#34)
as are Barack Obama, Ted Cruz, Marco Rubio, Bobby Jindal and everyone else born in the U.S. and subject to its jurisdiction.
TED CRUZ – A CASE STUDY ON NATURAL BORN
[......]
#38. To: hondo68 (#36)
So, the issue is not whether or not Ted Cruz has ever denounced his Canadian citizenship, as it pertains to holding a Senate seat, but rather whether or not, and when, Ted became a Naturalized citizen of the United States?
TED CRUZ – A CASE STUDY ON NATURAL BORN
June 7, 2014
NewsWithViews.com St. Joseph's Academy Alumni
Cruz’s mother, Eleanor Darragh, was born in Delaware and later moved to Houston. She graduated from Rice University in 1956. By virtue of being born in the United States, she is a citizen. Because she spent most of her life before Ted Cruz was born in the U.S., he also qualified as U.S. citizen at birth.
7 FAM 1133.3-4 Method of Counting Physical Presence
[CHAPTER 876]
[H. R. 9980]
[Public, No. 853]
Replies to Comment # 38.
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