Ted Cruz is a Naturalized Citizen, not "Natural Born"

Farmer John

[Joachim]

Ted Cruz is a Naturalized Citizen, not "Natural Born"

by Farmer John

The question of who qualifies as a "natural born citizen" may be close in some cases, but the case of Ted Cruz is easy. Constitutionally speaking, Cruz is a naturalized citizen, not "natural born."

Regarding citizenship, the Constitution grants Congress power over a uniform rule of naturalization, not over citizenship generally. Any citizen whose citizenship is derived from an act of Congress is thus a naturalized citizen, constitutionally speaking, and thus not "natural born." The basic principle is stated in United States v. Wong Kim Ark, 169 U.S. 649, 702-3 (1898):

The Fourteenth Amendment of the Constitution . . . contemplates two sources of citizenship, and two only: birth and naturalization. . . . Every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.

(Emphasis added.) That this principle still holds was recognized in Rogers v. Bellei, 401 U.S. 815 (1971)— implicitly in the majority opinion of Blackmun, in which Chief Justice Burger, and Justices Harlan, Stewart, and White joined:

[O]ur law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute [and] the [Supreme] Court has specifically recognized the power of Congress not to grant a United States citizen the right to transmit citizenship by descent.

(pp. 828-30) and explicitly in the dissent of Brennan, joined by Douglas:

Concededly, petitioner [Bellei] was a citizen at birth, not by constitutional right, but only through operation of a federal statute. In the light of the complete lack of rational basis for distinguishing among citizens whose naturalization was carried out within the physical bounds of the United States, and those, like Bellei, who may be naturalized overseas . . . .

(p. 845, emphasis added) as well as in the dissent of Black, with Douglass and Marshall joining:

Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, § 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen.

(p. 840, Emphasis added).

The argument that Cruz is "natural born" because he was never naturalized is based on the false premise that Cruz was never naturalized. Cruz was naturalized (presumably at birth) by statute under Congress' power to make a uniform rule of naturalization. And since he (apparently) has no other claim to U.S. citizenship, he cannot be considered a "natural born" citizen.

[taxcontrol]

It was repealed AND replaced.

As was the law that repealed and replaced it.

And so on and so forth until you get to the current law as expressed in Title 8 section 1401.

[Cboldt]

-- Call 1-800-WHAAAAAH ! --

That's your response to a polite request.

You are impolite, a bully, a blowhard, unworthy of a modicom of respect, and incapable of conducting yourself in a decent manner.

[PA-RIVER]

Thanks for posting

[AFret.]

I’m a natural born citizen, having been born to US citizens in the state of MN. My daughter was born in Toronto Canada, and has a Canadian birth certificate, and is eligible for Canadian citizenship. My wife was not a US citizen at that time. When my wife became a naturalized US citizen in 1973, the INS issued her a Certificate of Naturalization, at the same time, my daughter was also given a Certificate of Naturalization (she was 4 at the time).

My bet is that when Cruz’ father became naturalized, they also issued Ted a Certificate of Naturalization.

So, I’m not quite sure whether Cruz is eligible to run for president. He definitely needs to get this cleared up in a court.

---

Good Morning,

Your post is very revealing. May I ask if US citizenship was “instantly” bestowed upon your daughter at birth? In other words, was a US birth certificate issued through the Consulate at the time of her birth, or was it issued in conjunction with her Cert of Naturalization?

Thanks,

[DoodleDawg]

If Cruz were to be the nominee, find a judge who would push their agenda.

If Cruz is the nominee Trump and the Republicans will have been pushing this agenda for going on a year. If it didn't stop Cruz from getting the nomination then it won't help the Democrats in the general and they know it.

We're being pre-emptive with an issue they would bring up if he were to be the nominee.

Bull. Trump is raising this in an attempt to derail the campaign of his closest rival. It's not going to work.

Establishing whether or not Cruz is eligible NOW takes it off the table.

Cruz has released his mother's birth certificate. It is off the table, or should be.

Why would Cruz WANT the nomination if it isn't established 100% that he's eligible.

What would it take for you to consider it 100% settled? Cruz has produced his mother's birth certificate. There is the law that was in effect when he was born. All that adds up to him being a natural-born citizen. What more do you want?

Me? I don't think it's a real fine precedent to have a foreign born president.

We lived with them up until Martin van Buren and somehow the Republic survived.

[Cboldt]

-- It said natural-born citizens are those defined by natural law. Where is that natural law documented? --

Asked and answered. You seem to be a pretty smart person. Citizens are either naturalized, or natural born, right? The OP tells us which are naturalized. The rest are natural born. Documenting who is naturalized takes care of the issue. If you are citizen whose citizenship does not depend on a statute, then you are a natural born citizen. There is plenty of case law dealing with citizenship outside of statute, and in the US, that boils down to jus soli.

[taxcontrol]

Then allow me to clarify.

There are no citizens without laws defining who are citizens. Congress has the EXCLUSIVE and ENUMERATED power to define citizenship. The 14th amendment acts as a limitation on that power and forces Congress to recognize certain individuals as citizens.

[Yosemitest]

It's simple !
FIGHT ... or DIE !

[Greetings_Puny_Humans]

And we can also go to Blackstone's Commentaries,

Blackstone's view doesn't help you either, as he passes citizenship via the father, if not requiring both parents to be citizens. However, it makes no difference, as the founding fathers specifically repudiated English law on this point. From the same link:

"The Naturalization Act of 1795, which was also signed by George Washington, recognized Blackstone's commentaries on English Common Law, making children born overseas in the lands under British rule, British Subjects. Even if their parents were American. This act removed the words natural born from children born overseas of American parents, so that no other potentate could lay claim to this person, and thus establish "a presence of influence" in the Executive Branch. It was the intent of our Founding Fathers to “naturalize at birth” these children, but not give them the status "natural born citizens." Also in this act of 1795, we see the importance of complete allegiance to the United States for all people naturalized, as this is the first appearance of the oath of allegiance "to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof such alien may at that time be a citizen or subject." This oath is still in effect today."

[Yosemitest]

FACT: Cruz’s father’s Cuban nationality at the time of Cruz’s birth, is irrelevant, according to the law at that time,
just so long as he was a LEGAL Immigrant at the time of Ted Cruz's birth,
AND both of Ted Cruz's parents were legally married to each other.

What are the rules for people born between December 23, 1952 and November 13, 1986?

The 14th Amendment IS a part of the U.S. Constitution and states in SECTION 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
So, under that power to legislate, Congress legislated and the President signed into law:
When ONE parent was a US citizen and the other a foreign national,
the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child,
with five of the years after the age of 14.

... While there were initially rules regarding what the child must do to retain citizenship,
amendments since 1952 HAVE ELIMINATED THESE REQUIREMENTS.

When Ted Cruz was born, his parents were "IN WEDLOCK".

They married, moved to Calgary, Alberta, and in late 1970 had their first and only child, Rafael Edward Cruz.
Cruz was born on December 22, 1970 in Calgary, Alberta, Canada where his parents, Eleanor Elizabeth Darragh Wilson and Rafael Bienvenido Cruz.

Cruz's mother was born and raised in Wilmington, Delaware, in a family of three quarters Irish and one quarter Italian descent.
Eleanor Darragh, mother of Ted Cruz, was raised in Delaware, graduated from a Catholic High School (1952) in the U.S., as well as Rice University (1956),
so clearly she meets the residency requirements.

Source

In 1957, Rafael Bienvenido Cruz (Ted Cruz's father) decided to get out of Cuba by applying to the University of Texas.
Upon being admitted, he adds, he got a four-year student visa at the U.S. Consulate in Havana.

"Since he liked to eat seven days a week, he worked seven days a week, and he paid his way through the University of Texas," Ted Cruz says of his father, "and then ended up getting a job and eventually going on to start a small business and to work towards the American dream."

Only he did that in Canada, where Ted was born.
His father went there after having earlier obtained political asylum in the U.S. when his student visa ran out.
He then got a green card, he says, and married Ted's mother, an American citizen.
The two of them moved to Canada to work in the oil industry.

"I worked in Canada for eight years," Rafael Cruz says. "And while I was in Canada, I became a Canadian citizen."

The elder Cruz says he renounced his Canadian citizenship when he finally became a U.S. citizen in 2005 —
48 years after leaving Cuba.
Why did he take so long to do it?
"I don't know. I guess laziness, or — I don't know," he says.

So there is the law for the time Ted Cruz was born,
AND HOW Ted Cruz's PARENTS fulfilled ALL those requirements of the law that time, for Ted Cruz to be a "Natural Born Citizen".
Ted Cruz did NOT NEED a Court and a Judge to "Nationalize" him.

“Senator Cruz became a U.S. citizen at birth, and he never had to go through a naturalization process after birth to become a U.S. citizen,” said spokeswoman Catherine Frazier.
... The U.S. Constitution allows only a “natural born” American citizen to serve as president.
Most legal scholars who have studied the question agree that includes an American born overseas to an American parent, such as Cruz.

One more thing, listen to a REAL CONSTITUTIONAL LAWYER:

MARK LEVIN explains that Ted Cruz IS a natural born citizen ( 7:30 )
Published on Sep 17, 2013

[r_barton]

Cruz is a Natural Born Professional Politician.

Professional Politicians run this country on a 2 and 4 year lying cycle. Nothing changes. Time for a change. I’m voting for Trump.

I can’t wait for the Obama swearing out ceremony on Jan 20, 2017.

“@#!## You Barack Obama! Barak Obama you $%&*@! $%&@!## Off!”

;-)

[AFret.]

So Mark Levin, who has been in the trenches fighting tooth and nail for Conservatism before many of us were out of diapers, and has been a long time vocal supporter of this board, is now a “schmuck” just because he refuses to embrace Trump and countenance the Cruz birther nonsense?

Nice.

---

Mark Levin is too busy selling books and vilifying callers to “fight tooth and nail” for anything but hearing his own high pitched voice on the airwaves.

He had a golden opportunity to take it to Buckwheat every day, but gave him a pass. Levin is no more a “Constitutional Scholar” than Cruz is....laughable.

[PJBankard]

Yes. I’ve seen a few. If you don’t think there are enough, why don’t you find them and post them. That is your choice.

[euram]

No, all she has is her Canadian birth cert, and her Certificate of Naturalization. I’m guessing that a Consular Report of Citizen Born Abroad has to be initiated by the parents, and we didn’t know about that, and wasn’t told about that, so I’m guessing one wasn’t filed.

I’d like to see Cruz clear this up before the nominating process goes too far. I know that democrat representative in FL, Grayson, has already said he’d file a challenge if Cruz is nominated.

[Happy Rain]

Hating Levin and Rush on Free Republic.
Normally accusations of “troll” would fly.
But a Hollywood hustler has made conservatism a dirty word and rock ribbed Reagan conservatives like Cruz illegal aliens.
We’re lost.

[5thGenTexan]

Not born in the US is not a slippery slope. It has already addressed - McCain.

[Sgt_Schultze]

A court cannot rule against Cruz using your definition requiring two citizen parents. Such an affirmative ruling would invalidate the entire presidency of the current occupant. That won’t happen.

[Joachim]

You say:

Without the laws that define those who are citizens at birth, there would not be any naturally born citizens.

From the article, where it quotes the supreme court majority opinion in Rogers v. Bellei, the supreme court says:

[O]ur law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.

[Cboldt]

-- There are no citizens without laws defining who are citizens. --

Is the 14th amendment such a law? It says those who are born in the US are citizens, and that those who are naturalized are citizens.

Of course, who is naturalized will be defined by law, and Congress has the constitutional power to make rules of naturalization.

You seem to be saying that if Congress doesn't pass a law that says persons born in the US are citizens, that the 14th amendment has no effect, and that persons born in the US aren't citizens of the US.

[taxcontrol]

the 14th amendment controls the laws that Congress passes and places a limit on the congressional authority.