RAFAEL EDWARD (TED) CRUZ:
Special to MaineTV.net, by: Jim Buzzell
Born in Canada in 1970, his parents were then a Cuban citizen father, and an American citizen mother. Canada recognizes that being born in Canada make one a Canadian citizen by birth in that country. Rafael (Ted) Cruz also has, (or had), dual Canadian citizenship with Cuba, until May 14, 2014 when he formally reported he had renounce his Canadian citizenship, since his father was a Cuban citizen at the time of Rafael’s birth he still retains his Cuban citizenship.
Citizenship follows that of the father’s, not the mother’s, and his Canadian citizenship was a gift from Canada for being born there.
So how do these events of Rafael's birth, in Canada, make him a Natural Born US citizen by birth? It doesn’t look that way. Good question though.
As we looking further into that question and do the research and consider the following we see he had the opportunity to become a US citizen upon his birth, but not an Natural Born Citizen, had his mother followed required US protocol below:
A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain ‘statutory’ requirements are met.
“The child’s parents should contact the nearest U.S. Embassy or Consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen
If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, an Embassy or Consulate officer will approve the CRBA application and the US Department of State will issue a CRBA also called a Form FS-240, in the child’s name.”
(The above is what we were taught in the US military before were stationed or traveled overseas)
The question then is did Rafael’s mother take the necessary steps to do this?
If so, where are the documents verifying this took place? They should still be on file at the US State Department since Form FS-240 was issued by them.
Also was this accomplished, if required?
Since Rafael returned to the USA at age 4 who’s passport did he travel back to the US on? Or did his parents simply schlep him across the Canadian border?
In view of this, is Rafael really a US citizen?
I addition, a person born abroad who acquired U.S. citizenship at birth but who is over the age of 18 (and so not eligible for a CRBA) may wish to apply for a Certificate of Citizenship to document acquisition pursuant to 8 U.S.C. 1452. Visit USCIS.gov for further information.
Did Rafael do this, since his CRBA, if he had one, expired at age 18?
So Rafael (Ted)Cruz fails to meet the requirements for POTUS based on his birth right.
The following more clearly states the requirements for Natural Born Citizenship as our Founding Father understood it at the time of drafting our Constitution.
From Vattel’s the Law of Nations (which was one of the reference tools used by our Founding Fathers:
Volume I §212. Citizens and natives.
"The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. 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."
Also, SCOTUS has ruled on this issue several times over the years, this is excerpt from a previous Case Law decision from the Supreme Court of the United States of America (notice the date of this case):
“(The natives, or natural-born citizens, are those born in the country, of parents who are Citizens") (Minor v. Happersett, 88 U.S. 162, 167 (1875)
(“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”)
So you decide,
1. Is Rafael a US citizens?
2. Is Rafael a Natural Born Citizens of the USA?
3. Is Rafael eligible for POTUS?
Jim Buzzell is a,
Retired US Navy
Cruz in Maine
Cruz entry into the US questioned
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