Posted on 02/10/2016 8:13:15 PM PST by Ultra Sonic 007
There's a clean question on the table regarding dual citizenship for persons born in Canada prior to 1977 (when they changed their law to officially recognize dual nationality.)
Prior to that date, with few exceptions, you could not hold dual nationality with Canada. In other words the very act of "renouncing" Canadian Citizenship means that Cruz never held US citizenship at birth because his parents had to declare his nationality at the time he was born.
There may be exceptions that were available at the time but the law now is immaterial.
The only material fact is what the law was then, in 1970, in Canada when Cruz was born.
If his parents declared US for him then he had nothing to renounce and he has a document called a Consular Report of Birth Abroad.
This is the legal equivalent of a US Birth Certificate and Cruz either has one from the time of his birth or he does not. If he does not then he is not a US Citizen as he was never naturalized by his own admission and at birth the nation in which he was born did not recognize dual nationality.
Where is that document Cruz? Your mother's birth certificate is immaterial. What matters is whether you were declared a Canadian or US Citizen at birth and what documentation you have to prove it.
You see, in 1970 there was no "and" option.
Cruz either has that Consular Report of Birth Abroad, which is his legal proof of US Citizenship just as my Birth Certificate is mine, or he doesn't and he's not a citizen at all as his parents declared his citizenship as Canadian and the land he were born in prohibited dual nationality at the time.
If he doesn't have that document, of course, there's a little problem with the office Senator Cruz holds now, say much less his running for President.
Lol, more nonsense from the cult of Donald.
Try to distract from Trump saying tonight he is going to change and can change into anything he wants.
I guess going from a leftist his whole life to Republican for the nomination, he can go back to his big government liberalism.
The cult will be shocked!!! ( but even then still support him )
This is stupid. What if china declares Trump a Chinese and not legal to be dual citizen. Does that mean trump is now ineligible.
The Constitution doesn’t matter anymore anyway. So why not, because he has good intentions and the end justifies the means.
The Trump people have to try to obfuscate (they won’t know what that means) because he has no substance, no core values, no deep knowledge, and no principles.
Why doesn’t the Donald sue and have Cruz declared ineligible?
The cult never thinks about that........might figure they are all being played for suckers!!!
There are people here who will turn into monsters over this article. Be prepared.
No, the only material fact is what the law was then, in 1970, in the United States when Cruz was born.
I’m a Trumpster.
PLEASE STOP WITH THIS JUNK. PLEASE.
Or as Jimmy Carter said, he is very malleable. ( to the laughter of the British audience )
Wait til he says the wall can’t be built and we need amnesty.
The cult will be on suicide watch?
Bad analogy.
Just because China declares that someone on the other side of the world is suddenly a Chinese citizen, it doesn’t mean anything at all to that US citizen.
Cruz’s situation is different.
A baby is born in Canada. With just that information alone, the US government has no interest at all. So what? A baby is born in Canada. Big Whoop.
BUT if the parents of that baby have grounds, and the desire, to declare that baby as a US citizen, then they do have to do paperwork at the US consulate. If they do not do that, how is the US government to know or care about that particular baby?
So, if at birth Cruz was a US citizen, it had to be noted somewhere in some official document. And Cruz has never produced a Consulate Record of Birth. Does he have one?
Without a Consulate Record of Birth, the US government has no way of knowing he exists. A claim of citizenship in the US then becomes difficult to pursue.
It really is a serious question, and it deserves a serious answer.
Canadian law is irrelevant and has no binding authority on the US Government or US laws. The relevant US law is found in Title 8 Section 1401 - Citizens at birth. In subsection A, those born on US soil are naturally born as citizens (per the 14th amendment). Subsection G is the section that is relevant to Sen Cruz as he was born beyond the lands of the US but to at least one US citizen parent.
If Trump was born in China, yeah. Did Ted get special foreign student rates at Princeton and Harvard?
Don’t Bogart that joint my friend......
Guess what, Canadian Law does not trump USA Law, my fine pointy head Trumpbot. USA Law says he is a citizen by birth, not a citizen by Naturalization and there are ONLY 2 kinds of citizens, native or born and naturalized.
NBC is not used anywhere except in the Constitutional requirement for POTUS. Native Citizen = NBC. Get used to it, fool.
Trump played this card twice and still batting ZERO. Same tactic he learned from Obama....when you can not win on issues, get the opposition eliminated with whatever dirt you can drag up. I'm sure Trump has got his legal sharks looking for any nugget he can use.
THIS is interesting.
He's screwed then too, because being naturalized by congress at birth does not make you a natural born citizen. The founding fathers also only recognized natural born citizens paternally, through transmission from the father. Cruz's father was a Cuban Canadian.
That said, it seems the point of the article is questioning whether Cruz was even declared a citizen at birth by his parents, who would have had to have declared his citizenship at birth.
>> There’s a clean question on the table regarding dual citizenship for persons born in Canada prior to 1977 <<
More simply, it turns out that Cruz was correct in his assumption that he didn’t need to renounce his citizenship.
Correct.
Each countries laws on citizenship only apply to that country.
Canadian law does not affect US law.
Don’t get your legal advice from these cats.
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