Friday, March 18, 2016

Ted Cruz's Canadian Problem - Eligibility A Real Question And Concern



The Establishment knows that Ted Cruz's eligibility is in question.  They also know he is the only one that can stop Donald Trump at this point.  Is the Establishment using Ted Cruz to take the nomination, only then to state he is not qualified and head into a contested convention?


Via Family Security Matters:
Exactly how and when did Ted Cruz obtain U.S. citizenship?
The fact that it is still an open question at this stage of the Presidential campaign is a testament either to the galactic ignorance of our political-media elite or their willingness to place political expediency ahead of the Constitution and the law.

 Exactly how and when did Ted Cruz obtain U.S. citizenship?
 

The fact that it is still an open question at this stage of the Presidential campaign is a testament either to the galactic ignorance of our political-media elite or their willingness to place political expediency ahead of the Constitution and the law.

 There is no third alternative.

 Rafael Edward “Ted” Cruz was born in Calgary, Alberta, Canada on December 22, 1970 and remained a Canadian citizen until he officially renounced it on May 14, 2014, eighteen months after taking the oath of office as a U.S. Senator. At the time of his birth, Cruz’s father was a citizen of Canada and his mother was a U.S. citizen.

Legally, Cruz could have obtained US citizenship through his mother consistent with Public Law 414, June 27, 1952, An Act: To revise the laws relating to immigration, naturalization, and nationality and for other purposes [H.R. 5678], Title III Nationality and Naturalization, Chapter 1 – Nationality at Birth and by Collective naturalization; Nationals and citizens of the United States at birth; the relevant section being 301 (a) (7):
“a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.”
In that case, Cruz’s mother should have filed a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) with the nearest U.S. embassy or consulate after the birth to document that the child was a U.S. citizen.

  According to Cruz spokeswoman Catherine FrazierCruz’s mother did register his birth with the U.S. consulate and Cruz received a U.S. passport in 1986 ahead of a high school trip to England.



There are two apparent contradictions regarding how and when Ted Cruz obtained US citizenship.

 First, according to the Canadian Citizenship Act of 1946, also referred to as the “Act of 1947,”Canada did not allow dual citizenship in 1970. The parents would have had to choose at that time between U.S. and Canadian citizenship. Ted Cruz did not renounce his Canadian citizenship until 2014. Was that the choice originally made?
Second, no CRBA has been released that would verify that Ted Cruz was registered as a U.S. citizen at birth.
 

It has been reported that the then nearly four-year-old Ted Cruz flew to the U.S. from Calgary, Alberta, Canada in 1974.
 

Ted Cruz could not have entered the U.S. legally without a CRBA or a U.S. passport, the latter of which was not obtained until 1986.

 If Ted Cruz was registered as a U.S. citizen at birth, as his spokeswoman claims, then the CRBA must be released. Otherwise, one could conclude that Cruz came to the U.S. as a Canadian citizen, perhaps on a tourist visa or, possibly, remained in the U.S. as an illegal immigrant.
 

It is the responsibility of the candidate for the Presidency, not citizens, to prove that he or she is eligible for the highest office in the land. 

5 comments:

  1. It is sounding more and more like Ted is not an American citizen according to the citizenship standards presented. Trump in 2016.

    ReplyDelete
  2. OK now that we've gone thru that. How could his mom vote in a Canadian election?or does Canada allow foreigners to vote who's not a Canadian citizen. I saw her interview with her son sitting beside her she looked frightened that she was going to say something wrong. The eyes tell the story.

    ReplyDelete
  3. Being a citizen is requirement for senate and representative. Being a natural born citizen is a requirement for the president and vice president. It is only due to an act of congress that foreign born citizens have citizenship. It's an automatic naturalization. Congress being empowered to make naturalization laws is written into the Constitution. If your citizenship depended on an act of congress, you're a naturalized citizen.
    Cruz could whip out a CRBA tomorrow, and he still would be a naturalized citizen. Through legal gymnastics, he was a US citizen at birth. However, that's not the requirement for president of the US. Even those born here to holders of valid visas, give birth to "citizen at birth" children.
    As his spokes woman has already said, they filed the CRBA in applied for passport in 1986. That's after Canada changed their law to allow dual citizenship (1977). That's the only way Cruz ever had dual citizenship - to file a CRBA after Canada allowed it.

    Rogers v Bellei(1971) ruled because of unmet statutory requirements, Bellei could be stripped of his citizenship conveyed to him by his mother. As stated in the syllabus:

    "No alien has the slightest right to naturalization unless all statutory requirements are complied with. . . ." United States v. Ginsberg,
    Even in dissenting opinion, none waver from he did not meet 14th amendment pathways of citizenship. We find:
    Although those Americans who acquire their citizenship
    under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word "naturalize" in this way has a considerable constitutional history. Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, § 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen. The first congressional exercise of this power, entitled "An Act to establish an uniform Rule of Naturalization," was passed in 1790 at the Second Session of the First Congress. - Justice Hugo Black

    Rogers v Bellei cited in Zivotofsky v Clinton (2012):

    Zivotofsky's parents were American citizens and he accordingly was as well, by virtue of congressional enactment. 8 U. S. C. §1401(c); see Rogers v. Bellei, 401 U. S. 815, 835 (1971) (foreign-born children of American citizens acquire citizenship at birth through "congressional generosity")

    As the 1790 naturalization act stated it takes two citizen parents to be considered a natural born citizen:
    "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."
    Due to a wife's citizenship depended on her husband's citizenship at the time, that's two citizen parents to be considered a natural born citizen.

    1795 naturalization act Chapter XX section 3:
    "...and the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States."

    OBVIOUSLY the removal of considering foreign born citizens (to two citizen parents) were no longer considered as natural born citizens. In fact, no other law since has tried to legislate foreign born citizens as natural born citizens.

    His CRBA means he's a citizen. A naturalized citizen. And that is not the requirement for president of the US.

    ReplyDelete
  4. Being a citizen is requirement for senate and representative. Being a natural born citizen is a requirement for the president and vice president. It is only due to an act of congress that foreign born citizens have citizenship. It's an automatic naturalization. Congress being empowered to make naturalization laws is written into the Constitution. If your citizenship depended on an act of congress, you're a naturalized citizen.
    Cruz could whip out a CRBA tomorrow, and he still would be a naturalized citizen. Through legal gymnastics, he was a US citizen at birth. However, that's not the requirement for president of the US. Even those born here to holders of valid visas, give birth to "citizen at birth" children.
    As his spokes woman has already said, they filed the CRBA in applied for passport in 1986. That's after Canada changed their law to allow dual citizenship (1977). That's the only way Cruz ever had dual citizenship - to file a CRBA after Canada allowed it.

    Rogers v Bellei(1971) ruled because of unmet statutory requirements, Bellei could be stripped of his citizenship conveyed to him by his mother. As stated in the syllabus:

    "No alien has the slightest right to naturalization unless all statutory requirements are complied with. . . ." United States v. Ginsberg,
    Even in dissenting opinion, none waver from he did not meet 14th amendment pathways of citizenship. We find:
    Although those Americans who acquire their citizenship
    under statutes conferring citizenship on the foreign-born children of citizens are not popularly thought of as naturalized citizens, the use of the word "naturalize" in this way has a considerable constitutional history. Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, § 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen. The first congressional exercise of this power, entitled "An Act to establish an uniform Rule of Naturalization," was passed in 1790 at the Second Session of the First Congress. - Justice Hugo Black

    Rogers v Bellei cited in Zivotofsky v Clinton (2012):

    Zivotofsky's parents were American citizens and he accordingly was as well, by virtue of congressional enactment. 8 U. S. C. §1401(c); see Rogers v. Bellei, 401 U. S. 815, 835 (1971) (foreign-born children of American citizens acquire citizenship at birth through "congressional generosity")

    As the 1790 naturalization act stated it takes two citizen parents to be considered a natural born citizen:
    "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."
    Due to a wife's citizenship depended on her husband's citizenship at the time, that's two citizen parents to be considered a natural born citizen.

    1795 naturalization act Chapter XX section 3:
    "...and the children of citizens of the United States born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States."

    OBVIOUSLY the removal of considering foreign born citizens (to two citizen parents) were no longer considered as natural born citizens. In fact, no other law since has tried to legislate foreign born citizens as natural born citizens.

    His CRBA means he's a citizen. A naturalized citizen. And that is not the requirement for president of the US.

    ReplyDelete
  5. He's a citizen. However, he can never be a natural born citizen.

    And he's well aware of that.

    ReplyDelete