Cruz [Teammate]: Ted 'Identified... as a Dual Citizen...'

Breitbart ^ | 1/08/2016 | Breitbart News

[Greetings_Puny_Humans]

Texas Sen. Ted Cruz (R-TX)97% has repeatedly defended his eligibility to be president this week, but wondering whether his Canadian birthplace would prevent him from running for the office has been on his mind since at least childhood, a classmate of his tells CNN.

[WhiskeyX]

At the time the U.S. Constitution and its natural born citizen clause was adopted, there was no such thing as dual citizenship. You had to give your allegiance to one sovereign. Britain and the British Empire went further by demanding allegiance to the British sovereign for a person’s entre life, with no recognition of any right to adopt another citizenship. A person born in Canada was born with Canadian citizenship. The U.S. Government does not officially recognize a right to dual citizenship or multiple citizenship. Instead, the Supreme court of the United States has compelled the Executive branch of the U.S. Government to not take away the citizenship of persons exercising foreign citizenship in addition to U.S. citizenship, except in those statutory circumstances where a person’s foreign citizenship is excluded. U.S. citizenship acquired at birth in a foreign sovereignty without two U.S. citizen parents does not qualify as natural born U.S. citizenship.

[TigerClaws]

Canadian Citizenship Act [January 1, 1947]

Up to January 1, 1947, there was no legal status of Canadian citizens, only British subjects. This Act gave legal recognition to the terms “Canadian citizen” and “Canadian citizenship”. The Act established who was and who could become a Canadian citizen. There were many provisions for loss of citizenship, including retention provisions for the first and subsequent generations born outside Canada. The Act also contained provisions which provided special treatment for British subjects. In general, Canadian citizens who acquired citizenship of another country automatically lost Canadian citizenship (dual citizenship was not recognized).

But it looks like there wasn’t a requirement to renounce as part of becoming a Canadian. You did, however, have to file Canadian taxes. Cruz’s mother could have filed two tax returns in two countries and remained a U.S. citizen as well.

https://en.wikipedia.org/wiki/Canadian_Citizenship_Act_1946

We just need to see the records and verify. Certainly he won’t close access to them...

[WhiskeyX]

Recognition of the contributions of the foreign born is why the authors of the Constitution wee far less restrictive about the foreign born participating in the U.S. government. Nonetheless, they did reserve just two Federal offices for natural born citizens, meaning citizens born in the United States with two U.S. citizen parents. They did so to keep foreign princes from being able to subvert and overthrow the Republican form of government by putting a member of the nobility as head of the American army and the American government.

[Yosemitest]

Answer your own IRRELEVANT questions.
You can do the research.

TED CRUZ is by far, the MOST CONSERVATIVE CANDIDATE we've got !

FACT: Cruz’s father’s Cuban nationality at the time of Cruz’s birth, is irrelevant, according to the law at that time,
just so long as he was a LEGAL Immigrant at the time of Ted Cruz's birth,
AND both of Ted Cruz's parents were legally married to each other.

What are the rules for people born between December 23, 1952 and November 13, 1986?

The 14th Amendment IS a part of the U.S. Constitution and states in SECTION 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
So, under that power to legislate, Congress legislated and the President signed into law:
When ONE parent was a US citizen and the other a foreign national,
the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child,
with five of the years after the age of 14.

... While there were initially rules regarding what the child must do to retain citizenship,
amendments since 1952 HAVE ELIMINATED THESE REQUIREMENTS.

When Ted Cruz was born, his parents were "IN WEDLOCK".

They married, moved to Calgary, Alberta, and in late 1970 had their first and only child, Rafael Edward Cruz.
Cruz was born on December 22, 1970 in Calgary, Alberta, Canada where his parents, Eleanor Elizabeth Darragh Wilson and Rafael Bienvenido Cruz.

Cruz's mother was born and raised in Wilmington, Delaware, in a family of three quarters Irish and one quarter Italian descent.
Eleanor Darragh, mother of Ted Cruz, was raised in Delaware, graduated from a Catholic High School (1952) in the U.S., as well as Rice University (1956),
so clearly she meets the residency requirements.

Source

In 1957, Rafael Bienvenido Cruz (Ted Cruz's father) decided to get out of Cuba by applying to the University of Texas.
Upon being admitted, he adds, he got a four-year student visa at the U.S. Consulate in Havana.

"Since he liked to eat seven days a week, he worked seven days a week, and he paid his way through the University of Texas," Ted Cruz says of his father, "and then ended up getting a job and eventually going on to start a small business and to work towards the American dream."

Only he did that in Canada, where Ted was born.
His father went there after having earlier obtained political asylum in the U.S. when his student visa ran out.
He then got a green card, he says, and married Ted's mother, an American citizen.
The two of them moved to Canada to work in the oil industry.

"I worked in Canada for eight years," Rafael Cruz says. "And while I was in Canada, I became a Canadian citizen."

The elder Cruz says he renounced his Canadian citizenship when he finally became a U.S. citizen in 2005 —
48 years after leaving Cuba.
Why did he take so long to do it?
"I don't know. I guess laziness, or — I don't know," he says.

So there is the law for the time Ted Cruz was born,
AND HOW Ted Cruz's PARENTS fulfilled ALL those requirements of the law that time, for Ted Cruz to be a "Natural Born Citizen".
Ted Cruz did NOT NEED a Court and a Judge to "Nationalize" him.

“Senator Cruz became a U.S. citizen at birth, and he never had to go through a naturalization process after birth to become a U.S. citizen,” said spokeswoman Catherine Frazier.
... The U.S. Constitution allows only a “natural born” American citizen to serve as president.
Most legal scholars who have studied the question agree that includes an American born overseas to an American parent, such as Cruz.

One more thing, listen to a REAL CONSTITUTIONAL LAWYER:

MARK LEVIN explains that Ted Cruz IS a natural born citizen ( 7:30 )
Published on Sep 17, 2013

[cynwoody]

So. You maintain that Eleanor is Canadian?

If she isn't, you lose!!

[John Valentine]

Perhaps I should have said that it was a matter of zero merit. Either way it is much ado about nothing. And what is the paper trail you want to see, BTW?

[John Valentine]

U.S. citizenship acquired at birth in a foreign sovereignty without two U.S. citizen parents does not qualify as natural born U.S. citizenship.

Citation, please.

[John Valentine]

ut it looks like there wasn’t a requirement to renounce as part of becoming a Canadian. You did, however, have to file Canadian taxes. Cruz’s mother could have filed two tax returns in two countries and remained a U.S. citizen as well.

I personally lived in Canada as a US citizen and I can tell you for a fact that I had to file Canadian taxes. This requirement is quite independent of citizenship. At the same time, a US tax return would also need to be filed.

You might wonder if she had any income to report in the first place. Perhaps she was a homemaker. It would have been her husband's duty to report income and once he became a Canadian citizen, I'm not sure if US law would have required him to continue reporting Canadian earned income in the US. One would think not.

All this seems silly and pointless to me. All this happened when Ted Cruz was a toddler, or are the sins of the father still visited on the son?

[Godebert]

Note the reference to Natural Law in the first sentence of our Declaration of Independence.

It is crystal clear that the Founding Fathers used the Natural Law definition of 'natural born Citizen' when they wrote Article II. By invoking "The Laws of Nature and Nature's God" the 56 signers of the Declaration incorporated a legal standard of freedom into the forms of government that would follow.

President John Quincy Adams, writing in 1839, looked back at the founding period and recognized the true meaning of the Declaration's reliance on the "Laws of Nature and of Nature's God." He observed that the American people's "charter was the Declaration of Independence. Their rights, the natural rights of mankind. Their government, such as should be instituted by the people, under the solemn mutual pledges of perpetual union, founded on the self-evident truth's proclaimed in the Declaration."

The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew

The Laws of Nature and of Nature's God: The True Foundation of American Law

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

MINOR V. HAPPERSETT IS BINDING PRECEDENT AS TO THE CONSTITUTIONAL DEFINITION OF A NATURAL BORN CITIZEN.

The Harvard Law Review Article Taken Apart Piece by Piece and Utterly Destroyed

Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same

"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.

A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789

The Law of Nations or the Principles of Natural Law (1758)

The Laws of Nature and of Nature's God: The True Foundation of American Law

Publications of the Colonial Society of Massachusetts, Volume 20 - Use of The Law of Nations by the Constitutional Convention

[TigerClaws]

I don’t “lose” anything. I’m trying to have a reasoned discussion of the legal situation facing Ted Cruz and all Republicans right now.

His mother, in fact, became a Canadian citizen:

http://www.examiner.com/article/ted-cruz-must-show-naturalization-papers-to-keep-his-us-senate-seat

She may have maintained her U.S. citizenship as well. There’s a dispute if taking a loyalty oath to a foreign country automatically disqualifies you as a citizen. Some countries require you to renounce previous allegiances; some don’t.

This is a legal issue of serious consequence.

I’m hoping Cruz winds up on the Supreme Court one day. I’m a fan. But I’m telling his fans and foes that this is a BIG issue.

[TigerClaws]

Someone has posted that to me before.

Levin and the article. It’s not answering central questions:

1. Where’s his mother’s birth certificate? Nobody has produced it yet and there’s no record of her being born where she claims she was born. Yet. It may show up.

2. His parents lived in Canada 8 years. His father and mother became Canadian citizens.

3. When his mother became a Canadian citizen and took a loyalty oath to that country, did she either by law or by fact (a letter or other legal document) renounce her citizenship for the United States?

Please ask Mr. Levin those questions.

Here’s a full explanation of “natural born citizen”:

http://www.freerepublic.com/focus/news/2840767/posts

[VMI70]

“If so, Cruz was born in Canada to two Canadian parents.”

Would not it be more accurate to state: “Cruz was born in Canada to an American mother and a Cuban father, both of whom became naturalized Canadian citizens.”?

[TigerClaws]

Excellent post. Check out the informative FR article I posted a link to above as well.

The Constitution matters. Rule of law matters. I think this is an issue for the USSC to decide and clarify. They should have done so with Obama.

Likely, they will punt and let politics decide as we are becoming less a nation of laws every day...

[RummyChick]

It is not believable to me that Cruz never looked into his Canadian birth and citizenship until recently. It is also suspicious that he is keeping certain docs under wraps.

The only thing one can say that is undisputed is that if you have two citizen parents and you were born in US ...then you are an NBC. Anything else is subject to interpretation. It is not settled law. It is ludicrous to believe it is..and anyone who believes it is needs to listen to SCOTUS oral argument in Nguyen.

[TigerClaws]

Yes.

“Cruz was born in Canada to an American mother and a Cuban father, both of whom became naturalized Canadian citizens.”

Was his mother a dual citizen? That’s one of many issues.

If the Supreme Court follows MINOR and the other sources cited above, it’s game over regardless for Cruz and Rubio.

[Yosemitest]

Here's the ORIGINAL the Naturalization Act of 1790, let's read it ( even though it DOES NOT APPLY) !

United States Congress, "An act to establish an uniform Rule of Naturalization" (March 26, 1790).

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,

That any Alien being a free white person,
who shall have resided within the limits and under the jurisdiction of the United States for the term of two years,
may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States
wherein he shall have resided for the term of one year at least,
and making proof to the satisfaction of such Court  that
he is a person of good character,
and taking the oath or affirmation prescribed by law
to support the Constitution of the United States,
which Oath or Affirmation such Court shall administer,
and the Clerk of such Court shall record such Application, and the proceedings thereon;
and thereupon such person shall be considered as a Citizen of the United States. 

And the children of such person so naturalized,
dwelling within the United States,
being under the age of twenty one years at the time of such naturalization,
shall also be considered as citizens of the United States. 

And the children of citizens of the United States that may be born beyond Sea, or 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: 
Provided also, that
no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid,
except by an Act of the Legislature of the State in which such person was proscribed.

[Timpanagos1]

I never read that Cruz's mother was a Canadian citizen.

If that is that is the case, that may be exactly why Trump has raised the issue and insinuated that Cruz, if elected would be tied up in court for years.

To prove he is a natural born citizen, he will not only have to show his BC but also his FS-240. Otherwise, he is a naturalized citizen.

[TigerClaws]

What docs is Cruz keeping under wraps? I’ve heard that but not yet seen a source to see he’s kept anything under seal.

This?

http://www.birtherreport.com/2015/04/revealed-request-for-senator-ted-cruzs.html

For those Cruz supporters upset by this, you don’t think Hillary Clinton and the Clinton machine aren’t planning to bring all this up months from now?

They will do ANYTHING to win. We should address it now (fast track it) before it comes up right before the general election.

[TigerClaws]

That’s pretty clear. That Naturalization Act was drafted by Madison - primary author of the Constitution.

Tough to argue against original intent!

[TigerClaws]

What you posted also shows what a total sham the MSM and Uniparty response to ‘birtherism’ was.

It didn’t matter about the birth certificate or location at all.

His father was Kenyan non-US citizen. Therefore, not a NBC.