Posted on 08/30/2013 12:02:15 PM PDT by Jim Robinson
By Ilya Shapiro, Senior Fellow In Constitutional Sudies and Editor-In-Chief, Cato Supreme Court Review
As we head into a potential government shutdown over the funding of Obamacare, the iconoclastic junior senator from Texas — love him or hate him — continues to stride across the national stage. With his presidential aspirations as big as everything in his home state, by now many know what has never been a secret: Ted Cruz was born in Canada.
(Full disclosure: I’m Canadian myself, with a green card. Also, Cruz has been a friend since his days representing Texas before the Supreme Court.)
But does that mean that Cruz’s presidential ambitions are gummed up with maple syrup or stuck in snowdrifts altogether different from those plaguing the Iowa caucuses? Are the birthers now hoist on their own petards, having been unable to find any proof that President Obama was born outside the United States but forcing their comrade-in-boots to disqualify himself by releasing his Alberta birth certificate?
No, actually, and it’s not even that complicated; you just have to look up the right law. It boils down to whether Cruz is a “natural born citizen” of the United States, the only class of people constitutionally eligible for the presidency. (The Founding Fathers didn’t want their newly independent nation to be taken over by foreigners on the sly.)
What’s a “natural born citizen”? The Constitution doesn’t say, but the Framers’ understanding, combined with statutes enacted by the First Congress, indicate that the phrase means both birth abroad to American parents — in a manner regulated by federal law — and birth within the nation’s territory regardless of parental citizenship. The Supreme Court has confirmed that definition on multiple occasions in various contexts.
There’s no ideological debate here: Harvard law professor Laurence Tribe and former solicitor general Ted Olson — who were on opposite sides in Bush v. Gore among other cases — co-authored a memorandum in March 2008 detailing the above legal explanation in the context of John McCain’s eligibility. Recall that McCain — lately one of Cruz’s chief antagonists — was born to U.S. citizen parents serving on a military base in the Panama Canal Zone.
In other words, anyone who is a citizen at birth — as opposed to someone who becomes a citizen later (“naturalizes”) or who isn’t a citizen at all — can be president.
So the one remaining question is whether Ted Cruz was a citizen at birth. That’s an easy one. The Nationality Act of 1940 outlines which children become “nationals and citizens of the United States at birth.” In addition to those who are born in the United States or born outside the country to parents who were both citizens — or, interestingly, found in the United States without parents and no proof of birth elsewhere — citizenship goes to babies born to one American parent who has spent a certain number of years here.
That single-parent requirement has been amended several times, but under the law in effect between 1952 and 1986 — Cruz was born in 1970 — someone must have a citizen parent who resided in the United States for at least 10 years, including five after the age of 14, in order to be considered a natural-born citizen. Cruz’s mother, Eleanor Darragh, was born in Delaware, lived most of her life in the United States, and gave birth to little Rafael Edward Cruz in her 30s. Q.E.D.
So why all the brouhaha about where Obama was born, given that there’s no dispute that his mother, Ann Dunham, was a citizen? Because his mother was 18 when she gave birth to the future president in 1961 and so couldn’t have met the 5-year-post-age-14 residency requirement. Had Obama been born a year later, it wouldn’t have mattered whether that birth took place in Hawaii, Kenya, Indonesia, or anywhere else. (For those born since 1986, by the way, the single citizen parent must have only resided here for five years, at least two of which must be after the age of 14.)
In short, it may be politically advantageous for Ted Cruz to renounce his Canadian citizenship before making a run at the White House, but his eligibility for that office shouldn’t be in doubt. As Tribe and Olson said about McCain — and could’ve said about Obama, or the Mexico-born George Romney, or the Arizona-territory-born Barry Goldwater — Cruz “is certainly not the hypothetical ‘foreigner’ who John Jay and George Washington were concerned might usurp the role of Commander in Chief.”
It’s self evident that Cruz is not an NBC. He’s Canadian. But we don’t want facts to upset the apple cart or anything.
I mean really. It’s so obvious. But people just want what they want and will ignore the truth. This is more twisting and rationalization.
And too bad the founding father’s required us to have constitutional scholars to interpret for us lowly, chattel. I mean I don’t make a decision of my own unless Mark Levin, Rush or the Cato institute tells me what to think. /s
I can’t get over someone saying they respect the Constitution but is willing to destroy if it benefits him personally, like becoming President. All of Cruz’s positive qualities just go down the drain at that point as it is revealed that his personal aspirations overrule his supposed love of the Constitution.
This is like Clinton and the whole oral sex thing. “It’s not sex” they screamed. I mean it only has the word “sex” in the title. Of course it’s sex. It’s self evident. It’s even named “sex.”
He’s Canadian. Self-evident. Sheesh.
Yeah, well, I make my own decisions too, but mine says he’s NBC. But it is good to know that real deal constitutional scholars and lawyers see it that way too, despite the “opinions” of googling birther “sea lawyers.”
Yes, the current corrupt ruling class elites could care less about Natural Born Citizenship. Corruption, and an overwatching No Such Agency’s blackmail tools insures a malleable media, courts, etc. Ruling class candidate could land on Antarctica from inside a meteor, raised on Easter Island from a long forgotten extinct race, and their chosen one would still be declared eligible and fit for duty. Illegal alien or extraterrestrial martian. They don’t care. Why would they? Watching the past few years on the acceleration of the beast, does anyone really believe laws matter to despots with such lustful appetites for power and control? Rule of Law is dying and Constitution a mere forgotten hindrance. Well, until the shooting starts.
You are very wise.
We are going in the wrong direction. We want to restore the Constitutional Republic not participate in it’s destruction.
That’s why this whole, current “usurper” mess still needs to be rectified.
Another thing I can’t get over is how all these non-NBCers have suddenly popped up to run for president. 300 million plus citizens an only non-NBC’s are running. What a coinky-dink.
It’s convenient that Cruz’s situation helps to alleviate Obama’s problem if it is “officially” determined that Obama was born outside of the country.
He’s Canadian. But we don’t want facts to upset the apple cart or anything.
Surely, you can see that. You might not care about it but logically, you really have to delude yourself.
Why can’t people just be honest and say they dislike the clause. It’s so tiresome to have to play this game. Twisted logic and rationalizations.
Just wait until we get our first anchor baby president.
“It’s a tax, it’s a fee, it’s a penalty.” It’s what ever you want to be.
He’s NBC. Anchor president? Don’t be an ass.
It’s amazing that one person can have so much wrong in one post.
First, George Washington signed a law that said a child born overseas to a US citizen is a natural born citizen. That’s pretty straight up with no fancy lawyering necessary.
Second, Obama’s mom might not have met the residency requirements. Cruz ‘s mom definitely did.
Third, this is not the first generation with candidates with eligibility issues. In fact, it’s not the second or third generation. It’s been fairly common
““opinions” of googling birther “sea lawyers.”
You know that’s really insulting. I’m a citizen of this country. A natural born citizen. I’m not Canadian or anything else. I’d never get a draft or any other kind of notice from a foreign country. Cruz can’t say that.
You are the one taking the politically expedient path so look inward.
Is he or is he not Canadian? Could he be drafted by Canada?
Logic. It’s your friend.
I disagree with your decision, but this is your site, not mine nor ours, so your rules. I think what you’re trying to gain by this will be erased by what you’re losing by your decree. Time will tell, and I’ve been wrong before, but I’ll stand corrected if so. Will you?
But you’re not an anonymous internet googler/blogger and are in fact a real life constitutional scholar/lawyer and have credentials and actual legal expertise/experience like our friends Ilya Shapiro and Mark Levin, right?
No, he’s not Canadian. He’s American.
Another big time constitutional lawyer chimes in. Why don’t you argue your case before the SCOTUS?
Then why did he say he’s disposing of his Canadian citizenship?
Even Cruz admits he’s Canadian. Yes, he’s American too.
Take off the blinders.
I’ve promised myself not to weigh in on this topic, but thank you for a touch of rationality. The anti-Cruz case is, imo a losing one, to be made by Hillary supporters. Who have experience in these things. Post convention.
Why should the truth be insulting to you? Did you not acquire your legal expertise via blogging and googling?
Or are you truly a constitutional scholar or lawyer?
If it comes to it.
Go shill for your leftist heroes somewhere else. A 9-0 decision is not something to be credited to the piratre Roberts. Roberts is without honor. He is owned. So far, you’ve been pretty well hidden from exposure, pretending to be of a conservative mind, but your obamapologetics has been noted, several times.
Give me a break. Better go back and study his statement. He never said he was a Canadian citizen. If that’s the best you can do, you’ve got nothing.
Well, until then, and you win your argument before SCOTUS, I’ll agree with the constitutional scholars who say he is NBC. And will support him to the hilt if he runs and if he’s the strongest conservative running. Thanks.
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