Don't let it confuse the issue here.
The underlying argument is simple and simply answered.
We stipulate to the fact that Cruz's mother was a natural born American and had no allegiance to Canada or any other country. By "happenstance", (a important word here) she bore a male child in a Canadian hospital.
The natural born citizen clause, having been determined in the past and present to have 2 paths where one path (place) is of premium value, and the other of blood is one that is invoked only due to "happenstance".
In this case, there being no facts in evidence to the contrary, as in divided allegiances, Mother Cruz's status can and did transfer to the child at birth, because that was the intent. That intent as facts reveal was proved after returning to the US 4 years later, and that no effort was made to naturalize in Canada.
So in this particular case, not all but this one, the Blood gift of natural born status is valid.
It's all about intent and facts, and when they agree, the determination has to be yes! He is a natural born.
There is no stare decisis case to use here as no two of the past cases are the same or even similar.
Having said this, I do not believe this case will ever see the light of a SCOTUS court room because it is far too pat and simple as well as 100% political in that there is no claim that a US statute or current law was violated. Thus damage and mitigation would be difficult and likely kicked over to Congress.
This is a matter of opinion and stems from a political argument. It is what it is....and I wish trump have left it alone for the rats to try. As a result of his brashness, this issue will cause the fracture to remain in the party, long after the primary is over and will affect the general.
Exactly. Statutory citizenship is not Natural Born Citizenship. statutory/naturalized citizenship may be revoked (Rogers v. Bellei ) Natural Born Citizenship may not. Ted Cruz's citizenship could have been revoked had he not complied with the statutes governing his dual citizenship. A natural Born Citizen's citizenship can not be revoked.
We stipulate to the fact that Cruz's mother was a natural born American and had no allegiance to Canada or any other country.
You may stipulate that all you like but that does not make it a fact as she most definitely was in allegiance with Canada as was her child who was born into the same allegiance.
Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign.
By "happenstance", (a important word here) she bore a male child in a Canadian hospital.
She moved to Canada, married a Canadian citizen, and gave birth to a child in Canada. Nothing was happenstance about her circumstances. She was not a soldier deployed overseas for example. She made a choice-several in fact.