Posted on 02/09/2016 6:01:09 AM PST by zek157
Oh Oh...
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.
Amen, Nana.
C’mon,Ted, just show us the document you used to enroll at Harvard as a US citizen!???
This obfuscating is just too much like Obama.
If his mother is a natural born American citizen and lived continuously in America for a certain number of years. That doesn’t mean he can run for president, which takes more than merely being a natural born citizen.
Ahh, I see a reference that corrects my misimpression .. I don't know why the State department had both FS-240 and FS-545, or how or why they chose between them.
From the time of introduction of the original FS-240 in 1919 ...http://www.state.gov/documents/organization/86801.pdf
No big deal. Both forms are the end result of having a citizenship claim adjudicated.
Unraveling that mess could take a bunch of non-Ivy League lawyers working overtime.
Are Senate filing records public?
Her US bc doesn't prove that she's a US citizen????
You bring up the important point. It sounds like the Cruzes didn’t immediately apply for his consular BC. Which doesn’t mean he wasn’t an American at birth. They or even he as an adult, must have applied for American documentation for him at a later date.
He registered for selective service. He traveled on a USA passport. He has a SS number.
So there is documentation he is a citizen and he would not have needed naturalization. Either he got the consular BC or some court in the USA adjudicated and proved his born citizen status.
That he hasn’t shown that document says a lot about the honesty of the man.
My grandfather was once very high up in the federal aviation world. He was passionate about this country. He was very presidential and did have dealings with heads of state. He would tell everyone at family gatherings that he would have loved to run for president. But he knew he couldn’t, and that was ok. He was born in Canada to European parents. Period. So you can’t run for President. No big deal. Get over it
Just to note: my son’s doesn’t have all that consular stuff in the title. It does say Birth Certificate. It looks like a regular birth certificate. It was in 1991 and given by the American embassy.
Good question.....but remember, these characters make rules that protect themselves.
For instance a citizen attending a Senate or House convening cannot take notes when a representative speaks.
The Sergeant at Arms will descend upon you like it was D-Day.
I don't know of a case that found a retention requirement to be unconstitutional, where citizenship was acquired under a statute. Bellei, born abroad to a US citizen mother, had his citizenship stripped - case decided in 1971. But he was a naturalized citizen, and not born in the US. It wasn't anything he did, it was that he DIDN'T reside in the US.
I haven't seen anybody talk to this, but the law that covers Cruz has a parent residence requirement. What's magic about being in the US for 5 years after your 14th birthday? If Mom leaves the US 4 years and 364 days after turning 14, she can't transmit her citizenship, but the next day she can? Congress shifts those residency requirements periodically. Not saying it's arbitrary, but it doesn't seem natural.
Technically, he was born an alien, so was naturalized. So were the founders! None of them went thorough a naturalization ceremony, their citizenship attached as part of a collective naturalization, same as when a state joins the union, or one country conquers another and claims the territory.
So....what is the best way to get CRuz to show his CROB form?
He has a SS number
____________________________
So did I shortly after I arrived in the US as an immigrant...the first time I had an appointment at INS..
but I was not eligible to be POTUS and I couldn’t work here until I received a green card...
as for selective service, if I was a man I would have been drafted...my birthday was drawn about a month after I arrived here..
they were drafting legal immigrants AKA registered aliens at the time Cruz was born...
immigrants had to register for the draft, too...
I have an American passport too, but I still cannot be POTUS..
It proves she was one when she was born. That's all. She has to producde some other evidence that shows she still has it - usually evidence of presence in the US takes care of that, plus perhaps a statement that she has never renounced it.
The Constitution is just a piece of paper, but Ted Cruz is a great American who has argued before the Supreme Court!
Besides, if obama broke the law, why can't Republicans break it, too?
Conservatives are better when they break the law than the demonrats are.
Why? Because, obama broke the law to destroy America, but conservatives want to break the law to SAVE America! Duh!
Ted Cruz 2016!
The state department says it does not issue birth certificates. It is not a recognized source of vital information (birth, marriage, death), only of citizenship.
Audi correct
Clue
f. The Form FS-240 is not a birth certificate, such as is issued by a government- authorized bureau or office of vital statistics, because consular officers are not authorized to assume a foreign local or state vital statistics function. The Form FS-240 is a consular declaration of the fact of acquisition of U.S. citizenship at birth based upon:7 FAM 1441.1 (State Department Manual)(1) The certification of, or attestation to, the facts of birth by a legally authorized local official in the place where the birth occurred;
(2) The affidavit executed by the parent(s) or legal guardian(s) or other evidence regarding the physical presence of the U.S. citizen/national parent(s), or in the case of two citizen parents, residence, necessary to transmit U.S. citizenship/noncitizen nationality to the child;
(3) Evidence of the physical relationship between the U.S. citizen and the child;
(4) Evidence of the legal relationship between the U.S. citizen and the child, such as proof of the U.S. citizen/national parent(s)'s citizenship and marriage or for births out of wedlock, legitimation in accordance with Section 309 INA (8 U.S.C. 1409) or predecessor statute, and an affidavit of parentage and financial support if the child is born out of wedlock to a U.S. citizen father;
(5) Evidence of citizenship/nationality of the U.S. citizen/national parent(s); and
(6) Consular adjudication of the child's claim to U.S. citizenship. (See 7 FAM 1100.)
That sure looks like more than Ted and mom's BC to me.
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