Republican Sen. Ted Cruz announces presidential campaign, but is he eligible?

This morning, at Liberty University in Lynchburg, VA, Senator Ted Cruz (R-Texas), announced his 2016 presidential campaign.

Ted Cruz at Liberty U., March 23, 2015Ted Cruz, joined by wife Heidi and daughters, announces his presidential campaign at Liberty U., March 23, 2015

Ted Cruz was born on December 22, 1970 in Calgary, Alberta, Canada where his parents were working in the oil business as owners of a seismic-data processing firm for oil drillers. Cruz’s parents returned to Houston in 1974. They divorced when Ted was in law school.
While Ted Cruz’s mother, Eleanor, was born and raised in Wilmington, Delaware, in a family of three quarters Irish and one quarter Italian descent, Ted’s father, Rafael Bienvenido Cruz, was not a U.S. citizen at the time of Ted’s birth.
Rafael Cruz was born in 1939 in Matanzas, Cuba. He fought for Fidel Castro in the Cuban Revolution when he was 14 years old, but claims he “didn’t know Castro was a Communist.” In 1957, 18-year-old Rafael fled Cuba and landed in Austin, to study at the University of Texas, graduating with a degree in mathematics. In 2005, Rafael became a naturalized U.S. citizen. He is a pastor in Carrollton, a suburb of Dallas, Texas.
Article II, Section 1:5 of the United States Constitution says:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

So what does “natural born” citizen of the United States mean?

The problem is that the U.S. Constitution does not define the term “natural born citizen” nor is the term found in any existing Federal statute. Although the U.S.-born child of a foreign-citizen parent is a U.S. citizen by modern-day policy, no existing Federal statute declares such a child to be a natural born citizen.
Stephen Tonchen, in his essay “Presidential Eligibility Tutorial,” presents at least three schools of thought on what “natural born citizen” means:

definition #1: “Natural born citizen” is anyone born in the United States

According to a Congressional Research Service memorandum (April 3, 2009), the weight of legal opinion is that anyone born in the United States, except the child of a foreign diplomat, is a natural born citizen:

The weight of scholarly legal and historical opinion appears to support the notion that “natural born Citizen” means one who is entitled under the Constitution or laws of the United States to U.S. citizenship “at birth” or “by birth,” including any child born “in” the United States (other than to foreign diplomats serving their country) … [Maskell (2009), p.5]

But the Heritage Foundation points out that “prior to 2009, the U.S. State Department [had] . . . seeds of doubt regarding the legal status, at birth, of children born in the United States, of alien parents who are in the United States temporarily or illegally.”

Definition #2: “Natural born citizen” also means a foreign-born child of U.S.-citizen parents

In 1790, Congress passed the Naturalization Act of 1790, which said:

And the children of citizens of the United States, that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens.

But James Madison, in 1795, expressed concern that someone might erroneously infer from the 1790 Act that the foreign-born children of American parents actually “are” (not merely “considered as”) natural born citizens.
Sen. John McCain was born on August 29, 1936, at Coco Solo Naval Air Station in the Panama Canal Zone, to two U.S. citizens, naval officer John S. McCain Jr. and Roberta (Wright) McCain. At that time, the Panama Canal was under U.S. control. In 2008, the U.S. Senate passed Resolution 511 regarding presidential candidate John McCain’s natural born citizenship, but the resolution was nonbinding and had no legal effect.

definition #3: A foreign-born child of a non-U.S. citizen parent cannot be a “natural born citizen”

Then there is the question of whether both the mother and father must be U.S. citizens for their foreign-born child to be considered a “natural born” U.S. citizen:

  • According to federal case law prior to 1898, U.S. citizenship at birth was based on the principle of partus sequitur patrem or offspring follows the status of the father.
  • The Supreme Court in Inglis v. Trustees (1830) and Elk v. Wilkins (1884) ruled that a child born on U.S. soil, of a father who owes allegiance to a sovereignty other than the United States, is not a U.S. citizen at birth; and that the citizenship of such a child is that of its father, not its place of birth. Consequently, the U.S.-born child of a foreign-citizen father cannot be a natural born citizen.

In 2004, Senate Bill S.2128: Natural Born Citizen Act gave a definition of “natural born citizen”, but it never became law. As of today, there is no Federal statute that explicitly defines who is, and who is not, a natural born citizen. Even if there were such a statute, it would most likely be unconstitutional because Congress does not have the authority to change the meaning of the Constitution by passing a law that redefines a term that the Constitution uses. Only the Supreme Court has the constitutional authority to interpret the Constitution, but the Supreme Court has to date refused to specify what “natural born” in Article II of the U.S. Constitution means. Alternatively, a definition of “natural born citizen” can be supplied via a Constitutional Amendment.
Ted Cruz may be considered a “natural born” U.S. citizen according to Definition #2 only if #2 refers to a foreign-born child who has at least one parent who is a U.S. citizen at the time of the child’s birth.
Ted Cruz is definitely not a “natural born” U.S. citizen under either Definition #1 or Definition #3.
 
Ted Cruz graduated magna cum laude from Harvard Law School in 1995, so he knows full well the above. And yet it was only after the Dallas Morning News, in August 2013, pointed out that Cruz had dual Canadian-American citizenship that he applied to formally renounce his Canadian citizenship. On May 14, 2014, Cruz ceased being a citizen of Canada.
Now you know why the GOP never contested Barack Obama’s suspect “natural born” citizenship — he who supposedly was born in Honolulu, Hawaii (but document forensics experts say his Hawaii birth certificate is fraudulent) of a U.S. citizen mother but a Kenyan father who was then a subject of Great Britain because Kenya was then a British colony.
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~Éowyn

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0 responses to “Republican Sen. Ted Cruz announces presidential campaign, but is he eligible?

  1. I am amazed at how many people are pushing for cruz to run. We have millions of people in this country and the best GOP can offer is some guy who might qualify for natural born citizen under certain circumstances? This is ludicrous! His running for POTUS only serves to further divide the country more than what it is. If he was truly a statesman, he would keep his nose out of affairs that don’t directly pertain to him. The only thing I can see happening is people pushing to amend the constitution for cruz so that the end result is that ANYONE on the planet can run for POTUS….great for globalism. With that in mind, all of this makes me seriously question his true motives for president. I’m getting the same vibes I got when I heard obama announce he was running for POTUS…and we all know how that turned out.

     
  2. Cruz no more legal than the commie pink Kenyan. just another shade of illegality. but as there is no constitution does it matter as the country slowly circles the toilet bowl?

     
  3. This is absolutely appalling. Just this man’s cultic religion alone is enough to make me gag, but top it off with the fact he was born in Canada, not the US, and to a Cuban citizen father, not American, makes him just as illegal as Obama. But now the precedent has been set, so anything and anybody goes. Disgusting beyond belief. And remember, he’s another globalist insider…his wife is a member of the CFR and VP of Goldman Sachs. I wrote a 3 part article on Cruz a year ago, time to dig it back up and post it.
    The term “natural born citizen” was well defined at the time the Constitution was written. The definition was given clearly in The Law of Nations by Emerich D. Vattel, a book that was sent to Franklin during the drafting of the Constitution. The founders specifically made the distinction from a regular citizen to insure that our presidency would not be co-opted by someone with foreign interests at heart (like the POTUS we now have). In order to be a natural born citizen, one must be born of two citizen parents and Obama clearly does not qualify, regardless of where he was born or if the certificate he posted is real. If this requirement can be so easily be ignored, everything is up for grabs.
    Law of Nations http://lonang.com/library/reference/vattel-law-of-nations/

     
    • Just this man’s cultic religion alone is enough to make me gag….
      Every source that I’ve been able to find with a bit of searching shows him claiming to be Southern Baptist, and nobody disputing it — do you know something other than that to be true?
      While I have not heard Mr. Cruz discuss his personal beliefs at length, I’ve heard nothing from him on the matter so far that rings false or would lead me to doubt that he is a Christian. I personally think that he is not eligible to be President, and for me that precludes any possibility that I could vote for him, but still I would want to know if he is not a Christian man.

       
  4. He’s every bit as eligible as Obama aka Soetoro is. Since the Word Of Law no longer applies,let him run.

     
  5. The candidacy of Ted Cruz may close the net cast over the relevant part of Article II using Barack Obama. Most Republicans would not object.
    Also, consider his wife’s connecton with Goldman Sachs.
    Finally, the policy of a flat income tax would lead to further economic difficulty if imposed at this time. Many of those who have recently become rich have accomplished that by impoverishing others and throwing our nation into unneeded, unjustified debt. By maintaining a tiered tax-level program, incentives should be provided to promote re-establishment of factories at home (along with a “protectionist” tariff). Just an aside, when did “protection”when used relating to the greatest country in history become a dirty word? What sort of person would think that, just askin’.

     
  6. No he is not but they will make him eligible to make Obama look eligible. The illuminati has already chosen Jeb Bush. Ted Cruz is just smoke and mirrors. His wife is a member of CFR and Goldman Sachs VP. He is married to the mob.

     
  7. Cruz will not see the White House but his candidacy, alone, is an attempt to shore up all of the ILLEGAL damage the Insurgent in Chief has done outside of HIS Constitutional ineligibility.
    Not a SINGLE “Republican” mouthpiece talks this because they’re all co-opted, from Cruz to Rand Paul to Allen West to Sarah Palin.

     
  8. something is wrong here.
    this smells like another beltway election fix.
    were the students chanting “four more years?”
    either him and O are both eligible or they are both not. If they let it slide then the birthers no longer have a case and I was hoping they’d prosecute O.
    A Constitutionalist should not be basing his campaign on bending the rules.
    he’s selling Conservatism and Christianity but most voters want to defeat islam support capitalism and stop middle class hemorrhaging. that is the voters who aren’t on the payroll already.
    I do not think this guy will ignite the Christian vote. If ISIS hasn’t, nothing will

     
  9. The only definition of “natural born Citizen” that matters is what the Founding Fathers originally intended.
    It is well documented that Benjamin Franklin ordered and received at least 3 copies of the “The Law of Nations” a book written by Emerich de Vattel in 1758. Furthermore it is also well documented that at least one of those books was used as a reference book at the Constitutional Convention.
    It is also well documented that in the drafts of the Constitution, that one had only to be a “Citizen to hold the Office of President of The United States and it was changed after John Jay sent a letter to George Washington that the bar needed to be set higher…requiring a “natural born Citizen” could only be eligible to hold the highest office.
    One could further argue that Article 1, Section 8, Clause 10, which reads:
    “To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.”
    is a reference to Emerich de Vattel’s book by the same name, which by reference therein is made a part thereof.
    Learn more at http://www.obamaunconstitutionalpresident.com/not-a-natural-born-citizen.html.

     
  10. He is a viable candidate. I don’t always agree with him, but he is very smart. I worry about his lack of experience. We have had two terms of an inexperienced president. I am looking for a candidate who is going to be able to defeat Hilary Clinton or Elizabeth Warren. To win, Senator Cruz is going to have to unite the party and reach out to moderate republicans. I wish him the very best of luck.

     
    • evh, he will split the party. I’ve know and watched the articles and comments for 2 yrs. Strict constitutionalists will not bend on this.
      Sorry to say we must remove him from contention as soon as possible.
      May be a good guy, but does not fit the bill. Or Rubio for that matter.

       
      • I agree. It is doubtful that he or Rubio will win the nomination.

         
        • evh, Have to get them removed quickly as to not fracture voters.. The press and GOP are trying to throw Jeb at us. Not a chance. Christie Imploded.
          Walker seems to have some traction at the moment.
          I know this was going to be an issue 2 yrs ago. Some saying it’s fine while others trying to live by what’s left of our Constitution..

           
  11. I don’t believe he is eligible for the office because he wasn’t born in the ’57th state’, Kenya. And, he doesn’t even have a computer generated fake birth certificate! Does he even golf? What would he do with all his time, if elected? Did he get his daughters from ‘Obama’s Rent-A-Kid’?
    His wife doesn’t look very masculine….
    Nope…. he just doesn’t cut it…..
    At present, I don’t see anyone…… anyone…. who is worthy of the office (and that includes all living former presidents, or their family members, or anyone they associate with…….).
    Of course, the office just ain’t what it used to be……
    Where’s Rodney Dangerfield when you need him?

     
  12. If voting really changed anything it would be banned. THAT’S our present reality. For those who understand acronyms, it’s the ‘SS, DD’.

     
  13. The die has been cast : Shrillary vs. Bushy ……..Pick your poison ……….NOBODY gets this far in politics without selling their soul to the ” masters ” ……If they don’t and succeed , they get eliminated .

     
  14. Excellent article, and it seems to me that definition # 3 nails it. I like Ted Cruz. But I have no illusions about it: HE IS NOT A NATURAL BORN CITIZEN. DO NOT ALLOW TALK SHOW HOST MARK LEVIN TO TELL YOU OTHERWISE.
    Furthermore, BE IT KNOWN TO ALL CONCERNED, Ted Cruz’s wife is on the Board of Directors of GOLDMAN SACHS.
    Hear Ye, Hear Ye: The Invisible Hand running the circus is doing all it can to get us to TEAR OUR OWN HAIR OUT!!!

     
  15. “His wife is a member of CFR and Goldman Sachs VP. He is married to the mob.”
    That’s all I need to know about the man.

     
  16. I love to hear the senator speak. But just how conservative do you think Cruz is? He’s a former member of the NWO’s Council on Foreign Relations (CFR), just like Hillary, and his wife is a Goldman-Sachs VP, an evil global investment, etc. company. I don’t trust any of the Tea Party favorites. Ever notice the two NOT listed on a Tea Party “vote-for”: Donald Trump and Lt. Col. Allen West. Neither can be bought. Trump will get American back on her economic-feet and the Lt. Col. understands the workings of both the military and the Congress, having been a congressman, and how the Executive is SUPPOSED to work with the Legislative, unlike the dictator currently, and illegally, residing in the People’s House. Trump/West 2016! Spread the word! Take America back! No more bought or corrupt presidents or VPs!

     
  17. It remains a mystery to me why this clear statement of the “natural born citizen” meaning found in congressional records of that time is so disputed.
    John Armor Bingham House on March 9, 1866:”[4] [5] [6]
    “[I] find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…. . . ”
    John Armor Bingham (January 21, 1815 – March 19, 1900) was an American Republican congressman from the U.S. state of Ohio, judge advocate in the trial of the Abraham Lincoln assassination and a prosecutor in the impeachment trials of Andrew Johnson. He is also the principal framer of the Fourteenth Amendment to the United States Constitution.

     
  18. Pingback: Shadows of Ted Cruz | Icliks Incoming

  19. I think any of you voters that paid Sen.Curse or Sen. Rubio for campaign funds should ask them for funds refunded because they have been FRAUDULENT!

     
  20. Pingback: Heidi Cruz stripped down: The beans are spilled. Shocking details about wife stun public | USA Politics Today

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