“Could Cruz honestly be given US citizenship because of his birth if both of his parents were Canadian citizens at the time?”
Under Canadian law the oath of allegiance required to become a Canadian citizen in 1970 was:
“I hereby renounce all allegiance and fidelity to any foreign sovereign or state of whom or which I may at this time be a subject or citizen.”
Under earlier United States law such a renouncing of U.S. citizenship could be used by the U.S. Government to find the person had indeed expatriated their U.S. citizenship. However, the lawyers and the U.S. Supreme Court saw fit to complicate and muddle the facts in Afroyim v. Rusk 1967(No. 456) 387 U.S. 253 by finding the 14th Amendment did not allow the cancellation of naturalized U.S. citizenship without certain formal affirmative steps being taken to do so before a State Department official. Consequently, even if Eleanor did renounce her U.S. citizenship to become a Canadian citizen, the U.S. Supreme court may find the precedent cases did not allow cancellation of citizenship or expatriation without further events taking place to formally affirm the expatriation. However, any inheritance of U.S. citizenship from a U.S. citizen mother could do no more than provide naturalized U.S. citizenship to a child born in Canada.
Correct, Cruz is a naturalized citizen at best, since he is born on foreign soil.
If Eleanor had become a British citizen and used her British nationality to expedite Canadian citizenship, how would that affect her claim to American citizenship?
Would the Court be likely to uphold the claim of American citizenship where there has been the allegiance and citizenship to more than one distinct nationality.
Causes of Citizenship Loss
U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily and with the intention to relinquish U.S. citizenship. These acts include:
1. Obtaining naturalization in a foreign state;
2. Taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions;
3. Entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state;
4. Accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) a declaration of allegiance is required in accepting the position;
5. Formally renouncing U.S. citizenship before a U.S. consular officer outside the United States;
6. Formally renouncing U.S. citizenship within the U.S. (but only “in time of war”);
7. Conviction for an act of treason.
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http://hamilton.usconsulate.gov/loss_of_citizenship.html