By J.B. Williams
June 7, 2014
Republican U.S. Senator from Texas Ted Cruz represents a perfect opportunity for the American “constitutionalist” to examine the true Founders intent and meaning of the Natural Born Citizen clause found in Article II of the U.S. Constitution, a condition of eligibility for the highest political office in our land, the Oval Office.
Before discussing the case study, I want to state for the record that it is Ted Cruz’s unique condition which makes him perfect for the study, not his vigorous conservative stance in the U.S. Senate. No matter how much I may agree with Senator Cruz’s political positions, I am first and foremost, an American Constitutionalist, defined as one who has studied, knows, understands and respects the Rule of Constitutional Law.
Further, I issue this study because I believe that we will either study, know and respect the U.S. Constitution as it was written and ratified, or we will lose our Constitutional Republic and system of self-governance forever. Last, this is a letter sent to Ted Cruz in December of 2013 asking him to clear this matter for the sake of our Constitutional Republic. Cruz never responded to the letter.
The purpose of this study is not to harm Senator Cruz in any way, but rather to establish the facts about his individual citizenship status as it relates to Article II requirements for the Oval Office, which include the following requirement – “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President;”
Fundamentally, the term Natural Born, while commonly acknowledged in many common law courts around the globe, is a term based in Natural Law. It is a condition that exists in Nature, as opposed to only in man-made laws. Not only is it a condition which exists in Natural Law, as such, it is inalienable by any man-made law or even constitutional amendment.
Simply stated, “As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.”
Many competing opinions have been issued on the “true meaning” of the term Natural Born Citizen. The Cruz circumstance presents an opportunity to delve into that true meaning in great detail and demonstrate in the end, not only what Natural Born Citizen means, but why our Founders made it a condition for the highest political office in our land.
The information presented in this case study should be used to vet all political persons, no matter their partisan leanings. It should be applied equally to all who seek high political office in the United States, without regard for partisan ambitions.
The Cruz Facts
Ted Cruz was born Rafael Edward Cruz on 22 December, 1970.
• Ted Cruz was born in Alberta, Calgary – Canada.
• Ted Cruz was registered as a Native Born citizen of Canada on 31 December, 1970.
• Ted Cruz was born the son of father Rafael Bienvenido Cruz, a citizen of Cuba.
• Ted Cruz was born the son of mother Eleanor Elizabeth Wilson, Delaware, U.S.A.
• Ted Cruz was not registered at birth as a citizen of the United States. His only existing birth record is his Canadian birth records. There are no U.S.A. birth records for Ted Cruz. As a result, he was born a dual citizen of Canada and Cuba. (I will address the influence of his mother’s condition in a moment.)
• The Cruz family immigrated to the United States from Canada in 1974, when Ted was approximately four years old.
The obvious legal conclusion based on these documented facts is that Ted Cruz is a Native Born citizen of Calgary via his birth place, due to Canadian laws; and a Natural Born Citizen of Cuba via his father’s citizenship status at the time of Ted’s birth, under Natural Law.
These are indisputable facts based on the Birth Record presented by Ted Cruz (pictured below) and all known U.S. citizenship laws.
This study was initiated in response to a question regarding the U.S. citizenship status of Ted Cruz -- Not is he a Natural Born Citizen eligible for the Oval Office, a question already answered by the facts presented above… But is Ted Cruz a U.S. citizen at all, eligible to even hold a seat in the U.S. Senate?
“He’s a Canadian,” said Toronto lawyer Stephen Green, past chairman of the Canadian Bar Association’s Citizenship and Immigration Section. “Generally speaking, under the Citizenship Act of 1947, those born in Canada were automatically citizens at birth unless their parent was a foreign diplomat,” said ministry spokeswoman Julie Lafortune.
Ted’s father and mother were not foreign diplomats living in Canada. Ted was therefore, a Native Born citizen of Canada at birth. On this basis alone, he could not possibly be a Natural Born Citizen of the United States as a simple matter of legal fact.
To be honest, this was a question I had not even considered until now. Like most Americans, I had “assumed” that Ted Cruz was naturalized under U.S. Immigration laws at the time his parents left Canada and became naturalized citizens of the United States living in Texas. Under U.S. law, it is not possible for any individual to be both “Natural Born Citizen” and “Naturalized citizen.” Ted is one or the other, not both… and the same is true for every individual.
I will no longer make that assumption, but will instead, look at the facts.
Is Ted even eligible for the U.S. Senate?
Under Article I of the U.S. Constitution, to hold a seat in the U.S. Senate, one must meet the following conditions – “No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.”
So, the issue is not whether or not Ted Cruz has ever denounced his Canadian citizenship, as it pertains to holding a Senate seat, but rather whether or not, and when, Ted became a Naturalized citizen of the United States?
As a Native citizen of Canada, Ted would have had to naturalize to the United States at some point, at least nine years prior to seeking office in the U.S. Senate. As the son of a U.S. citizen mother, the process of naturalization for Ted would have been very simple, but it would have still required a naturalization process since he was not born in the United States, nor did his parents register him as a U.S. citizen at the time of his birth in Canada.
However, as of this writing, I have been unable to find any records of Ted or his father naturalizing to the United States from Canada. (If anyone has proof of U.S. naturalization for Rafael Edward Cruz, please send it to my email.)
This means that the question of Ted’s eligibility for the U.S. Senate is not yet answered. However, the question of whether or not Ted Cruz is a Natural Born Citizen of the United States, eligible for the Oval Office, is indeed answered.
As Natural Born is a status passed from Father to son at birth, Ted could only be a Natural Born Citizen of Cuba, as that is the citizenship held by his natural birth father at the time Ted was born in Canada.
Because his mother Eleanor held citizenship in the U.S. at the time of Ted’s birth, she could have registered Ted as a dual citizen at birth, Canada by Native birth right and citizen of the U.S. through his mother’s citizenship in the U.S. She did not register Ted as a dual citizen at birth, but rather as a Native Born Citizen of Canada alone.
Because his parents immigrated from Canada to the U.S. in 1974, they could have naturalized both Ted and his father Rafael in 1974, or sometime thereafter, making Ted a naturalized citizen, not a Natural Born Citizen. However, we have so far been unable to confirm that any such naturalization process ever happened.
Is Ted a Native Born Citizen of the United States?
No… because he was born a Native Born citizen of Canada alone.
Is Ted a Natural Born Citizen of the United States?
No… because his father was only a legal citizen of Cuba at the time of Ted’s birth in Canada.
Is Ted a Naturalized citizen of the United States, eligible to hold a seat in the U.S. Senate, but not eligible to hold the Oval Office?
We simply do not have adequate documentation to either confirm or deny Ted’s naturalized U.S. citizenship status. But if we are able to confirm that Ted is indeed a naturalized citizen of the United States, we will have also confirmed that it is not possible for him to also be a Natural Born Citizen of the United States.
The issue of whether or not Ted Cruz is eligible for the Oval Office has been completely answered and the answer is no…
But the issue of Ted’s eligibility for the U.S. Senate remains open to further investigation. An update on this matter will be issued once adequate documentation can be found and confirmed.
What about Obama?
Applying the same sound legal standards to Obama just applied to Cruz, the answer is again a resounding no…
Barack Hussein Obama was born the son of a Kenyan Father who held at no time in his life, U.S. citizenship. Obama’s birthplace is still in question, as is his mother’s identity and legal status at the time of Obama’s birth.
Like Cruz, Obama may or may not be a legal “citizen” of the United States. But like Cruz, he is absolutely not a Natural Born Citizen of the United States.
Why is this important?
First, because we are either a nation which respects the rule of constitutional law or we are nothing at all.
Second, because if Ted Cruz, or any other ineligible candidate becomes the GOP nominee for 2016, it will divide the pro-American vote between those who know and care about the constitution and those who do not.
The surest way to see another Democrat seize the Oval Office in 2016 is to run a blatantly unconstitutional candidate for the GOP.
Last, it is very unfortunate that people like Ted and Rubio are more focused on their personal political ambitions than the best interest of our Republic. Obama could be taken down so easy by anyone in this position. Once they proclaim themselves ineligible for office, it naturally follows that Obama is also ineligible. But as long as no Republican will stand up and rightly disqualify themselves, the charade of Obama eligibility continues.
Any real American patriot would have already taken these simple steps to end the Obama fraud.
© 2014 JB Williams - All Rights Reserved
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JB Williams is a writer on matters of history and American politics with more than 3000 pieces published over a twenty-year span. He has a decidedly conservative reverence for the Charters of Freedom, the men and women who have paid the price of freedom and liberty for all, and action oriented real-time solutions for modern challenges. He is a Christian, a husband, a father, a researcher, writer and a business owner. He is co-founder of action organizations The United States Patriots Union, a civilian parent organization for The Veteran Defenders of America. He is also co-founder of The North American Law Center, a citizen run investigative legal research and activism organization preparing to take on American's greatest legal battles. Williams receives mail at: [email protected]
Web site 1: www.PatriotsUnion.org
Web site 2: www.VeteranDefenders.org
E-Mail: [email protected]