Ted Cruz is not eligible to be president

Washington Post ^ | 1/12/16 | Mary Brigid McManamon

[RC one]

Donald Trump is actually right about something: Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.

Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born. His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens. Because of the senator’s parentage, he did not have to follow the lengthy naturalization process that aliens without American parents must undergo. Instead, Cruz was naturalized at birth. This provision has not always been available. For example, there were several decades in the 19th century when children of Americans born abroad were not given automatic naturalization.

[South40]

Trump never said he was ineligible.

Actually, he did when he erroneously stated Cruz was not a NBC.

[cynwoody]

That is when and HOW I found out about this law.

What law would that be?

(Note: the State Department, no matter who the President, does not make laws. Congress makes laws.)

[Cold Heat]

I have been out of college for 45 years, but today while I was perusing the internet I decided to go to Wikipedia and see what they said, however I don't always agree with it, they had the same understanding that I had based on a constitutional law class.

It's not difficult to understand and it admits that the question has never been settled to the satisfaction of all points of view. Having said all that, I do believe this opinion will, if SCOTUS were to ever pick it up, be the end of the argument.

"The Constitution does not define the phrase natural-born citizen, and various opinions have been offered over time regarding its precise meaning. The consensus of early 21st-century constitutional and legal scholarship, together with relevant case law, is that "natural born" comprises all people born subject to the jurisdiction of the United States, including, generally, those born in the United States, those born to U.S. citizen parents in foreign countries, and those born in other situations meeting the legal requirements for U.S. citizenship "at birth".

[2] The natural-born-citizen clause has been mentioned in passing in several decisions of the United States Supreme Court, and by some lower courts that have addressed eligibility challenges, but the Supreme Court has never directly addressed the question of a specific presidential or vice-presidential candidate's eligibility as a natural-born citizen. Many eligibility lawsuits from the 2008 and 2012 election cycles were dismissed in lower courts due to the challengers' difficulty in showing that they had standing to raise legal objections. Additionally, some experts have suggested that the precise meaning of the natural-born-citizen clause may never be decided by the courts because, in the end, presidential eligibility may be determined to be a non-justiciable political question that can be decided only by Congress rather than by the judicial branch of government.[3]"

[WhiskeyX]

“His mother, however, is an American, and Congress has provided by statute for the naturalization of children born abroad to citizens.”

In the event Eleanor Cruz acquired Canadian citizenship at the same time as her husband, Rafael Cruz, there is no particular reason why she could not have simply retained her U.S. Passport and returned to the United States with her U.S. Passport and simply never mentioned having become a naturalized Canadian citizen as well. If they both acquired their naturalized Canadian citizenship before Ted Cruz’s birth, it would raise the question whether or not Ted Cruz was or was not a legitimate U.S. citizen or a U.S. citizen by parental fraud.

[Cold Heat]

As far as I am concerned, the above is the definition I will use.

[RC one]

Is this what you're talking about:

U.S. Department of State Foreign Affairs Manual Volume 7 Consular Affairs

7 FAM 1131.6-2 Eligibility for Presidency

a.) It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural born citizen within the meaning of Article II of the Constitution and, therefore,eligible for the Presidency.

b.)Section 1, Article II, of the Constitution states, in relevant part that No Person except a natural born Citizen shall be eligible for the Office of President.

c.) The Constitution does not define "natural born". The “Act to establish an Uniform Rule of Naturalization”, enacted March 26, 1790, (1 Stat. 103,104) provided that, “...the children of citizens of the United States, that may be born ... out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.

d.) This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes

[hoosiermama]

No it is not. In Ted Cruz own words
From:
http://www.newswithviews.com/JBWilliams/williams300.htm

Xxxxxx

Interviewer: “Hello Mr. Cruz, it’s a pleasure to meet you. My name is (redacted). I am a (redacted) County GOP Precinct Chair and you have my support and vote. I have one question for you if I may?”
Cruz: “Sure, go ahead.”
Interviewer: “What is your understanding of how one becomes a natural born Citizen?”
Cruz: “Two citizen parents and born on the soil.”
Interviewer: “Not exactly, but as I don’t have enough time to fully explain how one does become an natural born Citizen, based on your understanding, would you agree that Barack Obama is ineligible to be POTUS?”
Cruz: “I would agree.”
Interviewer: “So when we get you elected, will you expose him for the usurping fraud he is?”
Cruz: “No, my main focus will be on repealing Obamacare.”

[Cold Heat]

His mother was in Canada on a work permit, or what they now call a visa.

She never applied for or was granted citizenship. She retained her temporary status and returned to the US after about 4 years.

[toddausauras]

I think Cruz is going to sink in the IA polls, he’s already showing signs of it.

[RC one]

I think this is a really crappy situation. I wanted Cruz as VP. But this is a significant liability.

[Cold Heat]

Well I sure hope not, but if he is derailed it will save me a trip to the polls.

[AnalogReigns]

BOTH PARENTS MUST BE AMERICAN CITIZENS, AT THE TIME OF THE BIRTH OF A CHILD, IN ORDER FOR THAT CHILD TO BE ELIGIBLE TO RUN FOR THE PRESIDENCY !

I guess we haven't had any President for the last 7 years eh? Gosh, you better let the government know that!

[SmokingJoe]

Ok then.
Someone called Mary Brigid McManamon who works for the Washington Post says so, so it must be so.
But wait, is this the same Mary Brigid McManamon of the wacky far left site called
“Obama Conspiracy Theories”
which has been running defense for Obama over birtherism since 2008? And this is the new best pal for Trump and his cohorts?
www.obamaconspiracy.org

[Cold Heat]

No, actually it’s a hurricane in a bottle.

What irks me is that I expected the rats to use this to damage his candidacy, but I did not expect a republican to do it.

[nopardons]

No, I don't think it is.

And the man I know ( who told me about this ), son was born in the good old US of A, so that stuff doesn't matter one whit, re his progeny. The child is a NBC !

[nopardons]

Yes, we have had an INELIGIBLE person as pResidsnt, for the past 7+ years.

[Cold Heat]

Only one is required.

Back in the day it could only be the father as a woman did not have legal status. But today with single mothers, and career choices and full status for women, one parent is sufficient and it’s usually the mother.,

[WhiskeyX]

“Want to explain the difference between “naturalized at birth” and “natural born”?”

The Constitution granted the Cogress the power to “establish an uniform Rule of Naturalization” to make (datus) aliens into what could be “considered as” if they were actual natural born citizens with the exception of certain rights and duties actual natural born citizens have or do not have. The Constitution did not and did not have the power to grant the Congress the power to birth (natus) a natural born citizen. An actual natural born citizen can acquire natural born citizenship only by Nature and the operation of natural law. Manmade statutory law and an Act of Naturalization has no power or capability to make anyone a natural born citizen. Senator Ted Cruz acquired his U.S. citizenship by the authority of the statutory law found in U.S. Code Title 8 regarding immigration and naturalization of aliens, including the alien born children naturalized at birth with a U.S. mother and alien father. See:

U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1150 ACQUISITION OF U.S. CITIZENSHIP BY NATURALIZATION. 7 FAM 1151 INTRODUCTION...
8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as “the conferring of nationality of a state upon a person after birth by any means whatsoever.” For the purposes of this subchapter naturalization includes:...
(5) “Automatic” acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.
s. citizen mother

[KGeorge]

Has nothing to do with Iowa. NY Daily News article from March 2015

http://www.nydailynews.com/news/politics/cruz-face-birther-questions-obama-article-1.2159586

Trumo: Cruz’s Canada birth is a ‘hurdle’ for White House bid

[nopardons]

Of course Congress makes the laws...or did prior to our current dictator wannabe.

So obviously, whoever put out this study guide took the info from some law book that the government uses.