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To: David; LucyT
the birth certificate says she is Mrs. Wilson, not Mrs. Cruz

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.


302 posted on 08/28/2013 6:31:59 AM PDT by bgill (This reply was mined before it was posted.)
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To: bgill; Constitution 123; WildHighlander57; LucyT; Fred Nerks; Brown Deer; null and void; Vendome
'the birth certificate says she is Mrs. Wilson, not Mrs. Cruz"

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.

You are correct. My mistake. I had difficulty reading the fine print on the copy BD sent me.

Point of Wilson is that no divorce from Wilson was found.

Secondary point is that given the numerous variations in the citizenship statutes, in order to determine the route to citizenship for a specific child born outside the US, you needed significantly more information that just knowing the mother and father and their citizenship status.

I suspect that Cruz and his counsel have exercised all the permutations and have support for his fairly strong public position that he was a citizen at birth. I keep seeing these statements and decided to respond to Big Ed and Constitution's posts to see if we could figure out how strong their position on this point really is.

One essential element of that discussion is that there is a fairly strong consensus in the Con Law bar that the basic mother citizen statue is Unconstitutional, violating the equal protection clause, for the reason that the child of a US Citizen father and non-Citizen mother does not have an equal path to citizenship.

If I were going to rely on that clause, I would try to get Congress to retroactively amend the statute to make children of fathers citizens under the same circumstances. The objection to doing so historically was the issue of proving the man was actually the father; in the modern world, we have a better scientific answer.

Looking at the historical data of prior marriages of the parents and other issues, it is no longer so clear to me which provision Cruz relies on for his assertion of citizenship at birth which was my real objective in looking at the issue in the first place.

305 posted on 08/28/2013 7:41:26 AM PDT by David
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