Oh Oh... (Ted Cruz and dual citizenship)

The Market Ticker ^ | 02/08/2016 | Karl Denninger

[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.

[Kenny]

For some of us, for Cruz to say he's natural born so move on is reminiscent of Obama. Why doesn't Cruz ever explain to us ignorant voters how he is natural born?

Naturalized Citizen Law & Legal Definition

A naturalized citizen is a person who was born an alien, but has lawfully become a citizen of the United States under the U.S. Constitution and laws. Cruz was born an alien but made a citizen through law (Congress).

[gusty]

As to your assertion that Canada did not recognize dual citizenship before 1977. Louis Riel would have disagreed with your statement of fact as he swung from a noose in 1885. Riel, born in British Canada, later a US citizen, went back to Canada to lead the Metis uprising. He was captured and charged with treason. Riel and his lawyers asserted he could not be charged with treason as he was a US citizen. How can someone betray a country if he was no longer a citizen. He lost that argument, as the court ruled he was a Canadian, and he was subsequently found guilty and hung.

[Bobalu]

I feel as though Cruz is a NBC... or should be.

His mom was a US citizen and that's enough to satisfy me.

It will NOT however be enough to satisfy the democrats if Cruz gets the nomination... they will hoot and holler about it all the way to the election.

It is a liability for him. He needs to somehow have this litigated and get a judgement in his favor... otherwise it will sink him :-(

I'm praying for a reconciliation between Trump and Cruz. They need each other and this nation needs them as a team!

I actually think it will be easier for them to come together than for the Cruzers and Trumpsters to reconcile... I have never seen such venom on both sides. :-/

Trump and Cruz... two flawed men who very well may be the last hope we have.

[X-spurt]

The DONEald is the purest form of RINO. He doesn’t even bother to try to hide it.

[Jim Noble]

US law s not affected by what Canada does or does not recognize. From 1968-1972 I went to college in upstate NY, and I had a number of classmates who had US and Canadian citizenship through the operation of different laws. When they turned 18, they had to choose.

I suspect that this was the situation with Cruz - he was a natural born Canadian AND a US citizen from birth, the former under Canadian law, the latter under US law. Because he moved to the US as a child, and in the absence of a military draft, there was never a need to clarify the situation.

[X-spurt]

Trumpbots can’t. They have been stricken deaf and blind by the DONEald.

[bigbob]

After a few months of Trudeau the Younger, Canada called and they want him back.

[Toddsterpatriot]

He's screwed then too, because being naturalized by congress at birth does not make you a natural born citizen.

You base this claim on perhaps the US Constitution?

[GilGil]

Let me tell you if this is true the democrats will crucify Cruz if he is nominated with this.

[txrangerette]

You are simply wrong.

Congress was given power to define by statute.

Define does not mean “naturalized” by statute.

It means defined by statute.

All of these imaginary hoops you people claim are necessary are fantasies of someone’s imagination.

He was born to an American mother when she was working in Canada.

They returned to the United States and he grew up here.

That is ALL that is necessary.

But no matter, just keep whipping and beating that poor horse.

It will get you nowhere.

All of this has long since been dissected and plumed by scholars and no, Larry Tribe the Democrat hack, and the ignorant (or IS he?) DT don’t qualify.

[txrangerette]

Psst...

It’s another LIE.

Relax.

[X-spurt]

No registration at any Consulate is required. One parent was a NBC and the other was a Legal USA Resident that happened to be temporarily in Canada.

Anyone who really believes this tripe, needs to put their money where their mouth is and file the suit. Otherwise STFU.

[Greetings_Puny_Humans]

You base this claim on perhaps the US Constitution?

Yes, it is the original meaning of the phrase "Natural Born citizen," though some disagree as to whether it also requires you to be born on US soil. It doesn't really matter, since no matter what definition you use that was extant during the time of the founders, none vindicate Ted Cruz.

[jospehm20]

I suppose you think it mere coincidence that every President to date has claimed to have been born in the USA? His birth in Canada and his Canadian citizenship up until 2 years ago is a problem for Cruz and is going to do nothing but get bigger as more people learn about it. I will not vote for Cruz because I do not think he is a qualified NBC. I assume there are others who also will not be OK with voting for a slick, Canadian born politician for president.

[GilGil]

None of this has been verified in a court. So we have all kinds of opinions about what Cruz is. The democrats will eat Cruz alive if he gets nominated.

[for-q-clinton]

Good question. Did he? If so then I’d say he’s ineligible.

[Gil4]

No, the only material fact is what the law was then, in 1970, in the United States when Cruz was born.

Concur. What matters is US law. Canadian law is irrelevant. (He was born in 1970? I used to hate it when the "old" baseball players were younger than me. Now it's the presidential candidates.)

[poconopundit]

We are a nation of laws, not men.

[fireman15]

I am very glad to see that after Cruz barely won a three way tie in Iowa and then got thoroughly trounced in New Hampshire getting a third of what Trump did... that the reality of the current situation hasn’t caused them to lose their enthusiasm. Of course this is largely because they are still in denial.

Cruz peaked in Iowa caucus getting just over a quarter of the Republican “votes”. The way that caucuses work in Iowa leaves them open to manipulation by savvy pros like the Cruz team. If it had been a normal primary even in a state like Iowa where Cruz put all his marbles on the table he would have lost by the margins shown in the polls.

I actually do hate to say it, but from here it is all down hill for Cruz. Anyone who says otherwise is deluding themselves. So this argument isn’t going to be material in this race. If he is anything like his followers here there is a good chance that Cruz won’t even make it to the convention. He will pack his bags and quit when the going gets tough and the money dries up.

[for-q-clinton]

Huh? He was natural born via his moms US citizen.

Who cares about what Canada says. Same way you dont care what china says.