A Canadian, Cuban, American is ineligible to be POTUS
What can I say to Cruz supporters other than he is lying to you about being a natural born citizen and thus ineligible to be President of the United States of America.
The sad part is I used to have the utmost respect for the man, but I am reminded of fates. If Hitler died before September of 1938 he would be remembered as Germany’s greatest leader. If Ted Cruz did not run for President he would be remembered as one of America’s staunchest conservatives. But now Cruz will be remembered as a man whose ambitions have lead him to betray the Constitution he says he loves.
For Cruz supporters I will try to explain to you simple common sense in the vain hope that you can understand something so simple it betrays not only your eyes, but your intellect and your common sense.
Let’s start with Ted Cruz’s explanation of why he is a natural born citizen. He claims that the Naturalization Act of 1790 makes him a natural born citizen, because he received his American citizenship through his mother.
What does Cruz specifically say makes him a natural born citizen? In the act of 1790 we find the following clause,
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: United States Congress, “An act to establish an uniform Rule of Naturalization” (March 26, 1790).
Well bless my soul, it does say that children of citizens should be considered as natural born, but here is the rub, it does say citizens in the plural, and Cruz’s father Rafael did not become a citizen of the United States until 2005, thirty-five years after Ted Cruz was born. Is it important that his father was a citizen of the United States at the time of Ted Cruz’s birth? Yes, it is and to understanding the historical context of the Constitution and laws of the United States we have only two possible sources we can draw from. English common law or the law of nations.
“There is no common law of the United States in the sense of a national customary law, distinct from the common law of England as adopted by the several states each for itself, applied as its local law and subject to such alteration as may be provided by its own statutes.” Justice Matthews,
In Blackstone’s commentaries English Common law states that those “whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes.” Raphael Cruz was not and is not a natural-born citizen.
Now let’s look at the law of nations. “When the United States declared their independence, they were bound to receive the law of nations, in its modern state of purity and refinement.” Justice James Wilson Ware v. Hylton, 3 Dall. 199, 281 (1796) ”
The law of Nations in § 215 says; “It is asked whether the children born of citizens in a foreign country are citizens? The laws have decided this question in several countries, and their regulations must be followed. By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212).”
Both arguments of English Common law and the Law of Nations place great emphasis on the citizenship of the father at the time of birth, and Senor Cruz was a Cuban at the time of his son’s birth.
I know the emails I will receive will attempt to correct me and remind me that Cruz received his citizenship through his mother and not his father. And in that they would be correct. However I would remind them that Cruz is claiming NATURAL BORN CITIZENSHIP and not just citizenship. I do not deny him of this. Acquiring citizenship through the mother first came into law May 24, 1934.
“ Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such a child is a citizen of the United States, is declared to be a citizen of the United States;” The Citizenship Act of 1934, Section 1993
Still Cruz cannot claim natural born citizenship through his mother based on the 1790 law. For in 1795 that law was repealed and replaced. Being repealed in 1795 the 1790 law was only in effect for 5 years. And more importantly the only changes made to it was to replace natural born citizen with citizen of the United States.
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: United States Congress, “An act to establish an uniform rule of Naturalization; and to repeal the act heretofore passed on that subject” (January 29, 1795).
Still the definition of a natural born citizen has been established by the Supreme Court throughout our history. From the Venus to Wong Kim Ark, the Supreme Court has ruled that “natural born citizens, are those born in the country, of parents who are citizens.” The same definition as we find in the law of nations § 212.
There is one other very important fact that is all too often overlooked, and that fact is Congress has no power over citizenship except through naturalization. Article 1, Section 8, clause 4 in the enumerated powers of Congress states Congress is “To establish a uniform Rule of Naturalization.” Nowhere in the powers of Congress does it give them power over the citizenship of the natural born.
Cruz cannot claim that an act of Congress made him a natural born citizen. Not only does it make him a liar, but a hypocrite too.
The reason I stated that I believe Ted Cruz is a liar, is that I do not believe he is stupid or ignorant, he knows these facts and laws. What he is betting on is that no one would challenge him in the fear that it may prove Obama is not a natural born citizen. But Cruz would be a far greater fool if he bet on that poorly contrived assumption.
What I am certain of is that the democrats will raise this subject. The Democratic Party has lost its soul, it does not care about truth nor honor, it only cares about remaining in power. And forget Obama’s legacy is at risk. From personal experience in trying to prove Obama is not a natural born citizen I can attest that Obama is as slippery as a wet eel and the judges first grease their hands before hearing an Obama eligibility case. So, here is what will happen; The scope of Cruz’s challenge will fall on and only concern itself the place of birth, but even if parentage or the law of nations was invoked Obama would be out of office before a follow-up case challenging Obama could be filled, making it moot.
Never has the Birthers endorsed any candidate. But there is no doubt that the conditions of both Donald Trump’s and John Kasich’s make them without question natural born citizens, while Ted Cruz’s condition leave him both a parent and place short of claiming the title of natural born citizen.
I will support Donald Trump for the office of President, because not to is to send this nation into a civil war without battle lines. No north, no south, battle lines will be formed inside of our homes, based on nothing more than ideologies of class envy vs. personal responsibility.
Cruz may call himself a “born” citizen, but the Constitution calls for a natural born citizen to be our Commander in Chief. The burden is on Cruz to prove it. If Senator Cruz wants he can sue me for calling him a liar, when he said he was a natural born citizen.