Why Ted Cruz is constitutionally qualified to be president

A constitutional scholar named “Pedro” explains why Canadian born Ted Cruz can serve as President of the U.S.

Click here to read the full March 3, 2015 story from American Thinker, quoted in part below.

Ted Cruz was born in Canada.  He had (past tense) Canadian citizenship, which he was entitled to automatically, having been born in Canada, and which he has since renounced.  He was also born with American citizenship.  His mother was an American; his father was not.

The Constitution says any candidate for president must be 35 years of age, a resident within the United States for 14 years and a “natural born citizen.”

The question then is, what is a natural born citizen?  I don’t think there is any doubt that being born abroad doesn’t prevent  Cruz from being a natural born citizen.  If so, any children born to American parents while abroad wouldn’t be Americans.  That makes no sense.  And to eliminate doubt, Congress expressly passed a law saying children of Americans born outside America were in fact natural born Americans.

Is Ted Cruz, born in Canada, eligible to run for president?

Click to read the full 2013 story from Politifact.com, which seems to conclude that Ted Cruz is most probably eligible to run for President of the United States.  Just for fun, click here to read a 2011 CNN story on where President Obama was actually born (about 40% of Republicans think Obama was not born in the U.S.).

Can Ted Cruz run for president if he was born in Canada?

The Republican senator from Texas says he can. And just to be sure, he’s taking the extra step of renouncing the Canadian citizenship he says he didn’t even know he had.

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Cruz — full name: Rafael Edward Cruz –was born in Canada in 1970 because his father was working for the oil industry there. The senator’s recently released birth certificate shows his mother was born in Delaware and his father was born in Cuba. The Cruz family left Canada a few years later. Cruz grew up in Texas and graduated from high school there, later attending Princeton University and Harvard Law School.

By virtue of his American-born mother, Cruz, 42, considers himself a natural born citizen and eligible to run for president.

So is he eligible? The vast majority of legal thought and arguments indicate he is.

Is there the tiniest sliver of uncertainty? Yes, there’s that, too.

Constitutional requirements

The Constitution says any candidate for president must be 35 years of age, a resident within the United States for 14 years and a “natural born citizen.”

We’ve looked at the question of natural born citizenship before. Back in 2008, people raised questions about the “natural born” citizenship status of both major party candidates.

We’ve fact-checked several statements about President Barack Obama’s place of birth and his birth certificate. Obama was born in Honolulu, Hawaii, and his mother was a U.S. citizen. His father was Kenyan.

We also looked at the case of John McCain, who was born in the Panama Canal Zone because his American father served in the military. McCain, the 2008 GOP nominee, saw his standing briefly challenged in court.

Interestingly, both of McCain’s potential Democratic opponents — Obama and then-Sen. Hillary Clinton — co-sponsored a Senate measure to settle McCain’s eligibility. The April 2008 resolution said, “John Sidney McCain, III, is a ‘natural born Citizen’ under Article II, Section 1, of the Constitution of the United States.”

Defining “natural born”

So what is a “natural born” citizen? The Constitution doesn’t specifically say.

In 2008, we reviewed research and polled several legal experts. The consensus was that someone is a “natural born” citizen if they have citizenship at birth and don’t have to go through a naturalization process to become a citizen.

If that’s the definition, then Cruz is a natural born citizen by being born to an American mother and having her citizenship at birth. (This same logic would apply to Obama, even if he were born in another country, which he wasn’t.)

The Congressional Research Service published a report on the issue after the 2008 election; the agency is tasked with providing authoritative research to all members of Congress. It, too, supported the thinking that “natural born” citizenship means citizenship held “at birth.”

But the Supreme Court — the ultimate arbiter of constitutional questions — has never ruled on the matter. And that means a note of uncertainty remains.

Donald Trump says Ted Cruz’s Canadian birth “could be a difficult problem” for 2016 bid

Click here for the full article from the Dallas Morning News.

WEST DES MOINES, Iowa – Billionaire Donald Trump, the most prominent “birther” to question Barack Obama’s eligibility to serve as president, asserted Friday that Sen. Ted Cruz must clear up legal doubts about his own eligibility due to his birth outside the United States.

“It’s a problem. It could be a difficult problem, but he admits that he was born in Canada,” Trump told reporters in Iowa on the eve of the first major gathering of 2016 presidential hopefuls.

“He’s a friend of mine. I have great respect for him. But …certainly it’s a stumbling block and he’s going to have to have it solved before he goes too far,” Trump said.

Cruz was born in Calgary, Alberta, on Dec. 22, 1970, while his  parents worked in the Canadian oil patch. His mother is a native-born American. His father, a Cuban émigré who later became a naturalized American, was still a Cuban citizen at the time.

Cruz’s birth in Canada was never a secret. But it has proven a political liability, with detractors occasionally taunting him as “Canadian Ted,” and critics suggesting that his birth outside the United States makes him ineligible to run for president.

In August 2013, The Dallas Morning News reported that the circumstances of his birth made him both a Canadian and an American. The dual citizenship came as a surprise to Cruz and his parents, and the senator quickly vowed to shed his Canadian citizenship. That became official last June.

For Trump, that’s not yet good enough if Cruz wants to run for and become president.

“He’s going to have to solve that problem. It could end up in litigation. It could take a long period of time.… It’s certainly a stumbling block that he has that other people don’t have,” Trump said, suggesting that Cruz might only be able to put any doubts to rest by going to court.

“Perhaps he’s going to have to go in for declaratory judgments. Perhaps he’s going to get rulings from some group of electioneers. He’s going to have to do something. Because it is a problem that a lot of people have been mentioning,” Trump said. “He’s going to have to get it resolved one way or the other. And I hope he gets it resolved in a positive way because I think he’ll add a lot.”

Canadian law, like that of the United States, confers citizenship automatically for nearly everyone born on the country’s soil, whether that person wants it or not.

Under U.S. law, a baby born overseas is entitled to American citizenship if at least one parent is an American.

“Sen. Cruz is a US citizen by birth, having been born to an American mother,” said Cruz spokeswoman Catherine Frazier.

The U.S. Constitution requires a president to be a “natural born” citizen. The popular understanding has long been that this means being born on American soil. But Cruz was entitled to American citizenship at birth.

Because of that, a strong legal consensus has emerged that Cruz is, in fact, eligible, and the senator has insisted as much.

That’s something the tea party senator has in common with President Barack Obama, whose father was Kenyan but whose mother was from Kansas.