Ted Cruz in big trouble

Ted Cruz, Tea Party candidate for Senate from Texas
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There has been speculation across the social media spectrum this past week that something big was about to be revealed concerning Ted Cruz. I’m not referencing any of his purported dalliances with those whom he was not married, but something quite a bit more troubling.

What is a natural born citizen?

As we all know there is a great dispute among the ideologues, the judiciary and political pundits concerning what the founders intended to be the requirement for a candidate to be considered a “Natural Born Citizen” and therefore eligible to hold the office of American President. Senator Cruz’s troubles may be much more problematic than his status relating to that particular phrase in Article II.

It is important for readers of this article to know, this writer is more than confident that Ted Cruz does not qualify as a Natural Born Citizen. Many have said, “we need to drop this issue because no one cares about what it actually means”. The only concerns anyone of these people have are if their illegal candidate has the proper ideology or that any definition of the term will not impact the legitimacy of Obama.

No one could argue that no matter what the description of a Natural Born Citizen could be or should be, the President of the US must be at least a citizen. There now appears to be some very important questions relating to that quite minimal requisite.

Here are some facts.

First we will discuss what is required by Canadian law to be a citizen of Canada. Keep in mind that Canadian law has no relevance nor control over US law, except that it references what would be required for foreign parents giving birth on Canadian soil to have that child be a Canadian citizen. Any child born to legal residents on Canadian soil is automatically a Canadian Citizen and would be issued a Canadian birth certificate to that affect. Understanding that some foreign residents or workers may not want their child to a Canadian citizen, laws were enacted which would halt the automatic citizenship. The parents would have had to report the birth to the Consulate of the country where the parents were citizens. In Cruz’s case, either the US Consulate or the Cuban Consulate.

It would have been legal under US law for the parents to apply for citizenship later, even if the child already had a Canadian BC. They would have to have applied to the American Consulate for an application or from the US State Department. They would have had to get this application either at the time of birth or a later date not exceeding the child’s 18th birthday. It is called the “Application for Consular Report of Birth Abroad”.

This application is extensive and requires payment of a fee. It is $100 now, but it may have been less expensive 40 years ago. The parents were required to supply much information and apply their signatures to the application in witness of a US Official. Once this process is complete and approved, the child will receive the Certificate of Consular Birth Abroad (CRBA). That certificate confers upon the holder, naturalized citizenship. Without the CRBA no person born outside the country while his parents were residents outside the country, is a citizen. (Exceptions for parents in service of their country, which does not apply to Cruz) Once that person has been issued a CRBA he would be legally permitted to obtain a Social Security number, an America Passport, etc.

This following text was copied directly from the State Department website:

Children who acquire U.S. citizenship by birth abroad to a U.S. citizen receive a Consular Report of Birth Abroad (CRBA), the equivalent of a U.S. birth certificate.

It must be, therefore, that for any child to be a naturalized citizen of America his parents would have had to go through the application process and obtain the CRBA. Without that certificate any child born in Canada would remain only a Canadian citizen until such time as an application was filed and then granted by the State Department.

Regardless of whether or not the parents returned to the US, their child would not be an America citizen. And if such a person, upon reaching adulthood, had not filed and been approved to hold CRBA, and then denounced his Canadian citizenship, he would then in all that is logical, simply be a man without a country. Denouncing a citizenship from one country does not automatically grant citizenship of another, even if one might be living in a particular country.

Questions Ted Cruz must answer

In the final analysis there are several important issues which need to be examined.

Does Ted Cruz have a Canadian Birth Certificate? Because if he does it would suggest that his parents, at least at the time of his birth, did not file for American citizenship with the American Consulate in Canada.

Does Ted Cruz have a CRBA and when was the application filed in the America Consulate or if done later the State Department?

If Ted Cruz does not have a CRBA he is not an American citizen and will not be until such time that he files and is approved.

If Ted Cruz does not have a CRBA and has a Social Security number, a crime may have been committed in obtaining that number.

If Ted Cruz does not have a CRBA and has denounced his legal citizenship of Canada, he is now a citizen of no country, except possibly Cuba. (This writer is not familiar with nor does he care about Cuban citizenship requirements)

If Ted Cruz has only a Canadian Birth Certificate and an American mother who was living in Canada when he was born, he is not an America Citizen.

If Ted Cruz does not have a CRBA he is illegally holding the political office of United States Senator, because he is not a citizen.

If Ted Cruz does not have a CRBA he is not a naturalized citizen, and won’t be until such time that he goes through the application process.

If Ted Cruz is not a naturalized citizen, he surely can’t be a Natural Born Citizen and certainly is not eligible to be Commander in Chief of America.

Where is the document?

Ted Cruz has not shown a Consular Report of Birth Abroad. Without it, he cannot even show he is eligible to the office of Senator, much less President.All of this may well be moot if in fact Cruz can produce the CRBA. I have scoured many documents and websites including those put up by Ted Cruz. To this date no CRBA has been found or even mentioned. He may have one someplace. If he does he’s good to go as far as not having an illegally obtained Social Security number and he’s okay as far as holding the office of US Senator, depending of course that the date on the CRBA predates those other events.

Some might even suggest that given what we know about Cruz’s mother, that she was born in America; “What’s the big deal? Why should he have to go through the application process just to get a piece of paper which says what we already know?”

To that it should be noted, first, it’s the law and second, it’s the law for a good reason. That object being of course, the government requires more proof of linage, beyond the word of an individual. People, it may come as a surprise to some, have been known to lie. Rafael “Lyin’ Ted” Cruz is perhaps the greatest example of why the country needs to have foreign born people acquire a CRBA.

A concluding thought; Cruz is a very well trained lawyer who knows the law. Why then has he not long ago gone through the process of getting official proof and documentation of his right to be a naturalized citizen? Is it possible that that process might reveal something? Who knows? But before we put yet another unknown entity into our White House, wouldn’t it seem a good idea to find out?

Unfortunately for Ted Cruz, even if he has the CRBA and is a legally naturalized citizen, he will never, ever be Natural Born.

If anyone has a copy of Cruz’s CRBA please make it available to me or tell me where it can be seen. Cruz has been asked about this document and has said he did not have to go through that process. Maybe because he’s so darned special. In his mind he may not have had to, but under the law, he does.

By the way, Obama may have a few people who are probably a bit more sophisticated in the use of Photo Shop than they were a few years ago. Cruz may want to contact them.


Reprinted from TPATH.

Editor’s Note:

From Christine Ayala of The Dallas Morning News, we now learn this: a Maryland law professor filed as a write-in candidate in the Republican primary in New Jersey and eight other states. Now he has formally challenged Ted Cruz before the New Jersey Division of Elections. He challenges the eligibility of Ted Cruz to the office he seeks. The professor filed as a candidate to gain standing. (An ineligible candidate does an injury-in-fact to every other candidate.)

Insofar as Ms. Ayala quotes this professor, he intends asserting some or all the Vattel Criteria to support his challenge. Recall how Emmerich de Vattel defines a natural born citizen. First one must be born in-country. (But the child of a soldier, sailor, ambassador, or other military or diplomatic service member may be born on-station.) Second, both parents must be citizens at the time the subject person is born. Vattel derived this concept from natural law. By the nature of nation-states, none can doubt to what land such a person owes his proper allegiance. John Jay, Chief Justice of the United States, understood that. So also did the Framers.

Ted Cruz was born out-of-country. His father came from Cuba and held Cuban allegiance at the time. His American citizen mother did not serve, then or ever, in the military or diplomatic service of the United States.

New Jersey holds its primary on June 7. Will Ted Cruz’ name even appear on it? Stay tuned.

In any event: only three Presidents of the United States have fallen short of the Vattel Criteria. Thomas Jefferson relied on the specific exception the Framers made for him. The Constitution declared eligible a citizen of the United States at the time of the adoption of the Constitution. Chester A. Arthur hid his Irish alienage. He thus skated on this criterion. Of Barack Obama, CNAV has written far too extensively to recount here. But Ted Cruz has two obvious problems he simply cannot ignore.

45 Responses to Ted Cruz in big trouble

  1. DocWright says:

    According to the Naturalization act of 1790 and all revisions of that act Ted Cruz is a natural born citizen of the United States of America. Ted Cruz is the best person for President right now. If Donald Trump wins the nomination I will vote for him but Ted Cruz is eligible and is the best person for the job of President at this time. I am disappointed in you Terry. Donald Trump is not a nice person and goes any way the wind blows him. He doesn’t even pretend to be Christ like and yet you attack the best man for the job in order to try and elect the spoiled rotten rich kid.

  2. DocWright says:

    And according to the Naturalization act f 1790 and all revisions of that U.S. Law Ted Cruz is a Natural born citizen at birth. I know this does not fit your Canadian law hypothesis but according to US law Ted Cruz is eligible to be President of the United States of America and is a better man than Donald Trump

  3. rmatrisciano says:

    Once again those who seek a Trump presidency present innuendoes and suppositions. Terry, you tarnish your reputation by publishing such an article before there is proof of what the author implies. As to our founders meaning behind the natural born citizen I put more emphasis on their intent since they saw fit not to add one more sentence that would have cleared up this debate.

  4. JeffA says:

    The description of Vattel’s Laws is incorrect:

    Both parents are not required to be citizens, only the father’s citizenship matters for the child.
    Vattel also specifically states that place of birth does not matter (given other conditions).

    ==================================
    § 215. Children of citizens born in a foreign country.

    It is asked whether the children born of citizens in a foreign country are citizens? The laws have decided this question in several countries, and their regulations must be followed.(59) By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212); the place of birth produces no change in this particular, and cannot, of itself, furnish any reason for taking from a child what nature has given him; I say “of itself,” for, civil or political laws may, for particular reasons, ordain otherwise. But I suppose that the father has not entirely quitted his country in order to settle elsewhere. If he has fixed his abode in a foreign country, he is become a member of another society, at least as a perpetual inhabitant; and his children will be members of it also.

  5. JeffA says:

    I also wonder if people are objecting just because they have a different preferred horse in the race.

    Will Terry and Dwight put their chips down that if Cruz is the Repub nominee (not likely, but not impossible at this point) they will not vote for him and not support him and continue to bang this drum that he is ineligible and back the Dem or third party candidates?

  6. JeffA says:

    From talk by GregG on conservapedia page about this article:

    In 1970 (the year of Ted Cruz’s birth), the relevant statutory provision provided that citizenship was granted at birth to those born outside the United States to one citizen parent and one alien parent if the citizen parent lived in the United States for one year continuously at any time prior to birth or for a total of 10 years, including at least five years , 8 U.S.C. §1401(a)(5), §1401(a)(7) (now 8 U.S.C. §1401(e), §1401(g)). There appears to be no statute conditioning citizenship on obtaining a CRBA. As the State Deparment’s website points out, a CRBA is just a method of proving citizenship, and an unexpired U.S. passport is proof of United States citizenship. I think the article should be removed from MPR given the fundamental misunderstanding the author has about immigration law.

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