N.J. judge hears challenges to Cruz eligibility

philly.com ^ | Maddie Hanna

[little jeremiah]

Have you or anyone else seen his passport? Link if you can find info supporting your contention.

[4Zoltan]

Pennsylvania judge’s decision:

https://www.scribd.com/doc/305408749/Ted-Cruz-Judge-Decision-PA-March-10

[hoosiermama]

There is no case law. This decision will be based on the original constitution That is why only the SCOTUS can hear the case on its merits.

[eastforker]

Most of his life? What other passport has he carried?And Kissinger was Secretary of State, still couldn’t be president.

[jospehm20]

Canada did not recognize dual citizenship until the Citizenship Act of 1977. The section you quoted states how to renounce Canadian citizenship. I think other countries recognized dual citizenship and I suspect Canada did not force their citizens to renounce citizenship to another country before 1977. Incidentally, Cruz did not renounce his Canadian citizenship until 2014 when he was already a US Senator and actively preparing to run for the nomination. As far as I know the only citizenship documentation Cruz has released is his Canadian birth certificate. I have been on a couple of legal sites that claim they have requested his US citizenship documentation but were denied because Cruz would have to consent to making those documents available.

[Cboldt]

-- There is no case law. --

For Cruz? There certainly is! He's naturalized, slam dunk if the law is applied.

Any court that want to can decide the case on the merits. You see, the dirty secret is that lower courts do not have to collow the law, becuase they have appellate courts to correct errors. Lower courts make mistakes ON PURPOSE, sometimes out of spite for the losing party.

I do agree that the only court ruling that has effect across the whole country is SCOTUS.

[4Zoltan]

Cruz was born under the 1946 law. It says he was a natural born Canadian citizen just by birth in Canada but nothing about having to give up any other citizenship.

Here is the law:

http://historyofrights.ca/wp-content/uploads/statutes/CN_Citizenship.pdf

Also it is my understanding that his mother moved to Canada in 1967. The 1946 law (Part II Section 10) required her to live there for four years before she could be naturalized.

[jospehm20]

https://en.wikipedia.org/wiki/Canadian_Citizenship_Act_1946
Whatever, read the thing yourself.

[Tennessee Nana]

being eligible to be listed on a ballot and being eligible to be president of the United States are 2 separate issues...

Nobody has as yet challenged the great Constitutional expert Rafael to prove that he is eligible to be POTUS...

The foreign born Rafael knows enough of our country’s laws to pull the wool over the citizens...who would dare say Nay to the supposed darlin of the Constitution ???

[jospehm20]

I have read people claim that Canadian law does not have a bearing on wether Cruz is a US NBC. I have wondered myself why the Harvard trained lawyer felt compelled to renounce his Canadian citizenship if that is the case. I know that in 1977 Canada changed their citizenship law, perhaps it retroactively applied to Cruz?

[4Zoltan]

What Section 17 is saying is that a minor child with dual citizenship could not renounce their Canadian citizenship. They had to wait until they were 21 years of age.

[LucyT]

If Canada did not acknowledge dual citizenship, why did Cruz have to revoke his Canadian citizenship in 2014?

Would that not have been unnecessary?

""VERY good point! Any legal guys want to comment on that?""

Ping to # 67 .

Thanks, little jeremiah.

[bushpilot2]

Where’s the US citizenship naturalization papers? Rafael B. Cruz had IRS lien $16,000 2008.

[Tennessee Nana]

Cruz was born in Canada but BOTH his parents then and now are USA citizens. Hence, Cruz would not automatically qualify as a Canadian citizen.
______________________________________

No kid...

Cruz the son was born in Canada...his father was a Cuban at the time...

His mother was born in the US but may or may not have become a Canadian citizen...

anyhoo Cruz the son only had one American citizen parent..

Plus if the babies of illegal aliens born in the US are automatically full American citizens, children not born in the US cannot be full American citizens under that same law...

the parents were not in the military like McCain’s were...the birthplace was not a US military installation...

[nclaurel]

Cruz was much older than 21 in 2014 so why renounce something he never had?

[Redwood71]

I believe in the 14th Amendment to the US Constitution it states that anyone born to a parent, mother or father, that is a citizen of the US and that citizen has lived outside the US for less than four consecutive years at the time of the birth, is considered a naturalized citizen. At the time of his birth, his parents, US mother and Cuban father, had lived in “Canada for only three years. That was one of the major problems with the Obama birth in that his mother, Stanley Ann, had lived in Kenya for more than four years prior to his birth. And being born in Kenya created a need to BS on a birth certificate that has wrong info on it if he was to be considered a naturalized US citizen.
red

[so_real]

I've been asking the same question myself since Obama ran the first time. Sad, isn't it.

[DoughtyOne]

Then why did Cruz file a document to relinquish his citizenship in Canada in 2014?

One more thing to object to concerning the Dime Minister of Canada.

[4Zoltan]

He did have Canadian citizenship. I don’t think that is in doubt. He renounced it, IMO, for political reasons.

[Liz]

Plus there’s evidence surfacing that his mother renounced her American citizenship and became a Canadian citizen.

Her name was found on voting records.

I don’t think Canada lets American citizens vote in their elections.