Are you 100% sure of your contention? Damn, I was all for Cruz to be Sarah’s VP! (I was all for Allen West as Sarah’s VP first, before Cruz, until I found out West voted for the anti-American Nazi Germany style NDAA, indefinite detention of American citizens thing. If he can walk that NDAA ‘aye’ vote somehow I will be back as a big time supporter of a Sarah/West 2016 ticket. I hope he can!!!!) So, are you positive on your stance on this? Reading all of the posts it looks like a lot of long time FReepers think you are wrong, that Cruz is eligible should he decide to run in 2016.
Are you 100% sure of your contention?
Yes. Cruz was born outside the jurisdiction of the United States in a foreign sovereignty. Same thing with Gov Jennifer Granholm. Both had a foreign national father and American mother. The thing is Granholm had to nationalize in 1980 to become a U.S. Citizen. The question for Cruz is when did he?
Remember what Rep John Bingham, the father of the 14th Amendment stated:
“Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))
Cruz and Granholm’s father held allegiances to a foreign sovereignty. They are NOT natural born Citizens, they are just Citizens.
Cruz is eligible should he decide to run.
This has been discussed extensively.
No, there is not a US Supreme Court case confirming that persons born US citizens abroad are eligible. But the weight of our legal history supports it. And I’m not aware of any real contemporary legal scholar that says Cruz isn’t eligible.
If he were to run, someone would undoubtedly file a lawsuit. It might well reach the Supreme Court. And they would declare that he’s eligible.
Not all of them have researched and pondered this topic to the same degree. Cruz's weakness is in a Judicial challenge based on the US Supreme Court case "Rogers v Bellei."
Aldo Mario Bellei was born in a foreign country to an American Mother and a Foreign father. Bellei lost his citizenship because he didn't follow the conditions imposed by Congress in the law they created which GRANTED him citizenship.
As far as I can tell, Cruz and his American mother, have met the conditions required to make him a citizen, but here's the thing.
Natural citizens do not HAVE conditions they have to meet. Once they are born, they will ALWAYS be citizens, no matter what they do.
Cruz was REQUIRED to reside in the United States for the specified number of years, and his mother was REQUIRED to have had a certain number of years of residency and she was also REQUIRED to be a certain age when he was born.
Natural born citizens don't have to meet any of these requirements. This is why Ted is NOT a "natural citizen" he is a "Statutory Citizen" created through an act of congress which occurred before he was born.
Once more, having CONDITIONS on your citizenship makes you a non "natural" citizen.