Is Ted Cruz Eligible to be President of the United States?

Is Ted Cruz Eligible to be President of the United States?

Ted_Cruz,_official_portrait,_113th_CongressLet’s just go ahead and open up that can of worms.

I have been skeptical regarding Ted Cruz and his eligibility to take a shot at winning the Oval Office and wresting it from the hands of what I personally consider to be the most corrupt President and presidential administration this nation has ever known.

I made no secret of the fact that I didn’t support Sen. Cruz in his initial run at the U.S. Senate, I was supporting Texas Lt. Gov. David Dewhurst, and I supported him all the way through the primaries, but once the REAL race started I began to support Cruz.

Long story short; I voted for Cruz, there was NO alternative!

Once Ted Cruz was elected and sworn in he hit the ground running and has done everything in his power to shake up the Republican base, the GOP and their less than stellar performances of late. Ted Cruz has started a FIRE in Washington and he has many old GOP hardliners and ALL of the RINOs shaking in their Gucci loafers.

One of my great friends and a fellow blogger, J.D. Longstreet, offered up this story which I reposted on the blog: Ted Cruz Scares The Heck Out Of The GOP.

Of course Cruz has his detractors too; many of the RIGHT and nearly all on the LEFT are saying that Ted Cruz isn’t eligible to run for President. The skeptics on the RIGHT have said, on various blogs, news publications and social media outlets that they don’t want to have a *birther issue* with Cruz similar to that which has plagued Barack Obama through his entire political career.

It seems that the Obama presidency may very well be the prime example of exactly why Ted Cruz can, and in my opinion should run for POTUS.

I’m not a political scholar, I’m just a blogger from Texas and I like to share my opinions on the ‘net, but after having a long conversation with a friend that is very politically astute and fairly well connected to American and Texas politics, and after reading some of the stories below, and having absorbed the opinions that were offered, I am convinced that Rafael Edward “Ted” Cruz IS indeed qualified to run for and hold the office of the President of these less than United States!

Texas Republican Sen. Cruz eligible to be president should he decide to run

Texas Republican Sen. Ted Cruz was born in Canada but is qualified to become president should he mount a campaign in 2016 or beyond.

Cruz was born in Calgary, and his father is from Cuba. But the Republican senator’s mother is from the first state of Delaware, which appears to settle the issue. Fox News

And then there’s this:

Is Ted Cruz eligible to run for president?

The nonpartisan Congressional Research Service has even weighed in on the issue, writing in November 2011 that people born to U.S. citizens in foreign countries “most likely” qualify as natural-born citizens. Washington Post

And this:

Is Ted Cruz eligible under the Constitution to become president?

The Constitution gives three eligibility requirements to be president: one must be 35 years of age, a resident “within the United States” for 14 years, and a “natural born Citizen,” a term not defined in the Constitution.
(SNIP)
CRS says: “The weight of legal and historical authority indicates that the term ‘natural born’ citizen would mean a person who is entitled to U.S. citizenship ‘by birth’ or ‘at birth,’ either by being born ‘in’ the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship ‘at birth.’”

There is no requirement of two “citizen-parents,” CRS found. PolitiFact

This:

Is Canadian-Born Ted Cruz Eligible to Run for President?

Some news organizations have taken a whack at answering this question as well. The Texas Tribune, for instance, said confidently in August 2012 that Cruz could be considered a natural-born citizen because his mother was a U.S. citizen. “Bottom line: Despite being born in Canada, Ted Cruz can be considered a natural-born U.S. citizen,” the Tribune wrote.

Harvard legal scholar Alan Dershowitz agreed. “Of course he’s eligible,” he told National Review. “He’s a natural-born, not a naturalized, citizen,” said Eugene Volokh, who’s a friend of Cruz. Yahoo! News

And finally, this:

Is Ted Cruz Eligible to Run for President?

The U.S. Constitution states that only a “natural born Citizen” can be eligible to run for president.

As Yale law Professor Bruce Ackerman told the publication, “The question ultimately is, What do we mean by a natural born citizen?”

“The problem is, no one knows what a natural born citizen is,” agreed University of California, Davis law professor Gabriel Chin, who argued in 2008 that Sen. John McCain was not eligible to be president. Breitbart

Agree on eligibility or not, I am sure there will be a battle waged and this will be a matter for the Courts to settle, regardless, I believe Ted Cruz can and should run.

Is Ted Cruz different from most GOP candidates? YES HE IS and that is what makes him the RIGHT guy in MY not so humble opinion.

Will he be the butt of late night comics? Sure, and that is great, ALL publicity is good publicity.

Will Ted Cruz upset the likes of Sen. John McCain and every other RINO in D.C.? Indeed he will, and that is the whole purpose in this post and my investigation into why Ted Cruz is eligible.

Now, picture this; Ted Cruz and Allen West 2016…

WINNING…

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15 Responses to Is Ted Cruz Eligible to be President of the United States?

  1. Alan Caruba says:

    Cruz is indeed eligible and you can count on the MSM attacking him ruthlessly between now and 2016.

  2. We need a SCOTUS ruling on this ASAP.

    If he is eligible, I can support him. But, based on my own interpretation of “Natural Born”– American citizen parents +place of birth within the physical boundaries of the United States — he is not. But then again we can’t even agree on what constitutes a family in the US anymore.

    If we aren’t very careful we’ll end up like ancient Poland back when the Polish law demanded that the Polish king/queen be imported from abroad.

    But, hey! I’m probably wrong. If so, it won’t be the first, nor the last time.

    In any event, I’d rather have a Canadian President than a Kenyan President!!!

    JDL

  3. mrchuck says:

    If Cruz and West were to run in the next presidential election, I would definitely vote for them.
    Whether they would win will be decided in their forthcoming speeches, desires, and their appearances.
    Fight black fire with black fire.

  4. Abigail says:

    from a state dept site:
    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, a consular officer will approve the CRBA application and the Department of State will issue a CRBA.
    According to U.S. law, a CRBA is proof of U.S. citizenship and may be used to obtain a U.S. passport.
    Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship…

    If his parents did not do this when he was born, then it seems it could complicate birthright citizenship. So for starters for my simple mind, I’d like at least to know if that was done.

    • TexasFred says:

      It would appear, at least according to the citation I have listed, that his parents must have done something right, too many legal scholars are in agreement here…

      • Abigail says:

        Never let it be said your posts don’t inspire one to do research!
        Interestingly the Naturalization Act of 1790 stated that “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”. Since then there have been changes of course and other acts superseding this one. I tried to read as much as I could and the overall feeling I come away favors that of the original act. ( It’s really a shame they changed that 1790 act! It was so clear.) If he does decide to run I hope all his ducks will be in a row on this issue so there is no doubt whatsoever. And nothing the left can dredge up to sling at him as they for sure would try.
        From what I’ve read he almost seems…to good to be true.

    • BobF says:

      Abigail, you’re absolutely correct in your research. My oldest son was born in England when I was stationed there. His birth certificate states; Birth of a US Citizen Abroad and is signed by the US Consulate General.

  5. LD Jackson says:

    My first inclination is to say Ted Cruz would be eligible to run for President. I think a “natural born” citizen should be defined as a citizen who is born as a citizen. It’s pretty simple until the legal scholars get a hold on the argument.

  6. BobF says:

    John McCain was born abroad too as his father was in the Navy and it was ruled he was eligible to be President.

  7. JohnQ says:

    I say let him run. He doesn’t have a chance. He’ll be lucky to serve a second term where he’s at.

  8. mystere says:

    If he runs, I’ll vote for him.

  9. nhoteach says:

    Ted Cruz is NOT eligible for the Presidency. Check the 14th amend. http://www.usconstitution.net/consttop_citi.html
    He fails on two criteria. 1. Both parents are US citizens at the time of birth (father-Cuban), 2. US citizen parent under US jurisdiction, i.e. diplomat/military.

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