I think this will be trouble for Ted...
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“South of the 49th parallel North, however, the United States Constitution’s Article II, Section 1 is explicit in listing three absolute tests required for any Candidate to qualify for the presidency:
“No person except a natural born Citizen...shall be eligible to the Office of President, neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen years a Resident within the United States.”
Like the 14 years residency requirement, the “natural born Citizen” requirement is a test of American soil. This natural-born soil test is required only for the nation’s highest federal office – the presidency.
Ted Cruz fails this “Jus Soli” (law of the soil) test. The requirement of “Jus Soli” citizenship was, and is, antithetical to any statutory conferring of citizenship on children born abroad of American parents. And Mr. Cruz knows that he fails the test yet he continues with his fraudulent campaign.
Our U.S. Constitution only grants Congress with the enumerated power of “Naturalization” in Article I, Section 8, Clause 4. The Constitution does not give Congress any legal-power (or miraculous-ability) to create a “natural born citizen.” Nor does the Constitution allow Congress to modify the Article II, Section 1 test of natural-born citizenship. Mr. Cruz knows very well that he became an America citizen only by a statutory naturalization process.
It is inconsequential that Mr. Cruz’s naturalization, in accord with the controlling statute, happened automatically due to his mother’s American citizenship. Ted Cruz ultimately has exactly the very same quality of naturalized citizenship as that obtained by those 650,000 other immigrant aliens who go through more complex naturalization processes each year.
Congress only excused Rafael Edward Cruz from the complex nature of the naturalization processes to which most alien immigrants are subject. Congress choose to automatically naturalize Ted Cruz, and thus through a fiction of the statutory law, treat Ted Cruz somewhat like he was a “natural born citizen,” but that statutory fiction does not actually make him “natural born.” Mr. Cruz’s Alberta-size, now Texas-size, wishing does not make it so.
“Our U.S. Constitution only grants Congress with the enumerated power of “Naturalization” in Article I, Section 8, Clause 4. The Constitution does not give Congress any legal-power (or miraculous-ability) to create a “natural born citizen.””
That is absolutely false.
First, the Constitution does not define “natural born citizen.”
Because it is not defined, Congress has the power to define it.
Second, the Constitution gives Congress the explicit power to define natural born citizenship under the “necessary and proper” clause. Because the term is not defined, Congress has the “necessary and proper” clause to provide a definition.
Third, the power over naturalization delegated to Congress INCLUDES the power to define citizenship in all respects including natural born citizenship.
The Founders knew that the UK Parliament had been defining natural born subjects for 100 years under the naturalization power.
Fourth, the Constitution explicitly invests the eligibility of the President to the electoral college with disputes resolved by the Congress.
Fifth, Section 5 of the 14th Amendment gives Congress unlimited power to define all forms and circumstances of citizenship.