I see the way through the Natural Born Citizen clause for Cruz as requiring either an amendment to the Constitution or a radical shift in view from the prevailing Con Law Bar view of the law by the Supreme Court.
But the best case and easiest way through starts with the assumption of citizenship at birth and my analysis in #263 is designed to lay out a partial view of that path.
However the citizenship statutes are fairly complicated because they reflect periodic modifications by Congress. If you take as the basic facts, Rafael is married to Eleanor; Rafael being a Cuban citizen; Eleanor being a US Citizen; given all the right periods; no other marital or non marital relationships; the answer works out as Big Ed suggests in #260 and we work through in #263.
The real world is never that simple.
I don't have time to brief this issue completely. As I recall, one element of the mother citizen statute is that the Mother is married to the Father. Not only no reason to believe that is the case not having seen a marriage certificate but the birth certificate says she is Mrs. Wilson, not Mrs. Cruz.
That may work in favor of Cruz--Wilson was presumably a US Citizen and you have a Texas statute presuming the husband is the father--so maybe Cruz has a two citizen parent position--maybe that helps; maybe it does not.
And if not, maybe a second statute which we haven't looked at gets a better result if Eleanor (Cruz's mother) is single.
Although I would guess that Cruz's attorney's have looked at all these issues and all the permutations of the issues and concluded he was a citizen at birth, I haven't and so have not yet seen how they get there.
We owe Brown Deer for significant work in addressing the factual issues and at some point presume we will look at the statutory and legal questions that would control the answers.
"birth certificate says she is Mrs. Wilson, not Mrs. Cruz.
"That may work in favor of Cruz--Wilson was presumably a US Citizen and you have a Texas statute presuming the husband is the father..."
Read much more at # 295.
Thanks, David.
He was a citizen at birth.
He was not NBC by virtue of his birth.
Wish like he was. But, what are we going to do here?
Sell our souls and make the openings for NWO and turn the US into a regional power but, under the views of a global government ?
That’s where this heads.
If we take Obama at his word, his father was a Citizen of Kenya.
Assuming that this is true, some assert that Obama is still a Natural Born Citizen because they claim that Natural Born means the same a born a citizen.
Let us also Assume for sake of this analysis that Obama was actually born in Hawaii.
Was he also a Natural Born Citizen?
Well, in order to understand the meaning of Natural Born, one must also understand the intent of the framers when they included this as a requirement to be President.
Here is the relevant constitutional phrase ....No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution.....
If you have comprehension, you can easily see that the framers knew that there was a distinct difference between a Citizen and a Natural Born Citizen. You will also conclude that there was a very limited time that a citizen who was NOT natural born, could qualify for the presidency and this was only during the time of the adoption of the Constitution.
This was because so many of the first generation citizens living here during the founding were born elsewhere. There actually were no natural born citizens yet.
After the adoption of the Constitution, this first generation of new citizens would create a second generation of Natural Born Citizens. From that point forward, only a Natural Born Citizen was eligible for the presidency.
The founders included this requirement only for the presidency because at the time, they feared a subject loyal to the the crown could be elected and by virtue of his role as commander and chief, dismantle our hard fought independence.
So Understandably, they wanted to protect the new union from a person holding the office of president that may have had conflicting loyalties.
That is why Natural Born Citizen means, A person born of citizen parents both mother and father loyal only to the USA. The founders understood this.
So in my opinion this means that Republicans Cruz, Jindal, Rubio or the current occupier of the White House, Obama, are NOT constitutionally eligible.
No it most certainly does NOT. The BC asks for "Name of Mother Before Marriage" and no where on there does it say she is a single mother.