Ted Cruz is NOT a Legal U.S. Citizen at all

The debate over whether or not Senator Ted Cruz is eligible for the U.S. Presidency is about to end. It has now been confirmed that Senator Ted Cruz is neither a “U.S. natural born Citizen” or a “legal U.S. citizen.”

According to all relative legal citizenship documentation available at present, Senator Ted Cruz was born Rafael Edward Cruz, a legal citizen of Canada on December 22, 1970 and maintained his legal Canadian citizenship from birth until May 14, 2014, 43 years later.

The Cruz Campaign for the U.S. Presidency has claimed that Senator Ted Cruz was a “citizen at birth” via his U.S. mother and a “dual citizen” of both Canada and the United States in 1970 and that by renouncing his Canadian citizenship in 2014, he would become eligible for the Oval Office.

There are several problems with this claim… which make the claim false

  1. “citizen at birth” is a 14th Amendment naturalization term based upon “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

Senator Cruz was born in Canada, subject to the jurisdiction of Canada. Further, any U.S. citizen by virtue of the 14th Amendment only, is a “citizen” and not a “natural born Citizen,” as you will see below. (Source is Cornell Law on the 14th)

  1. “dual citizenship” was prohibited in Canada in December 1970. (Source is Canadian Law)

From May 22, 1868 until December 31, 1946, all residents of Canada were British subjects. There was no such thing as a Canadian citizen or Canadian citizenship until January 1, 1947.

From January 1, 1947 until February 15, 1977, Canadian law prohibited “dual citizenship.” Foreign parents giving birth to a child in Canada in 1970 were forced to choose between Canadian citizenship only, or citizenship in another country, and to declare that with Canadian officials at the time of birth. The parents of Ted Cruz chose and declared “Canadian citizenship” for Rafael Edward Cruz.

  1. United States laws make it possible to be a legal U.S. citizen by only the following means…
  1. a) NATURAL BORN CITIZEN – “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 country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.” (The Natural Law as understood by the Founders in Article II of the US Constitution)
  1. b) NATIVE BORN CITIZEN – All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. (The 14th Amendment definition for “citizen”)
  1. c) NATURALIZED CITIZEN – the legal act or process by which a non-citizen in a country may acquire citizenship or nationality of that country. It may be done by a statute, without any effort on the part of the individual (aka anchor baby), or it may involve an application and approval by legal authorities, (such as a Consular Report of Birth Abroad (CRBA) form filed with the US State Department at the time of birth). (This includes “anchor baby” or “citizen at birth” born here or abroad, under the 14th) Source is U.S. State Department
  1. “dual citizens” are prohibited from being “natural born Citizens” as it pertains to Article II requirements for the Oval Office.

As the stated purpose of the Article II “natural born Citizen” requirement for the Oval Office is to prevent anyone with foreign allegiance at birth from ever occupying the Oval Office, and all “dual citizens” at birth are born with “dual national allegiance” at birth. The mere condition of “dual citizen at birth” would be a direct violation of the known purpose and intent of the natural born Citizen requirement in Article II. Source is a letter from Founder John Jay in proposing the NBC requirement for the Oval Office.

Now, Senator Ted Cruz has repeatedly stated that he has never “naturalized” to the United States, which eliminated the possibility that Ted Cruz is a “naturalized” U.S. Citizen.

Senator Ted Cruz has also documented the fact that he was not a “native born citizen” of the United States, but rather a “native born citizen” of Canada on December 22, 1970, who maintained his legal Canadian citizenship until May 14, 2014.

The Harvard opinion letter written by two of Senator Cruz’s Harvard friends, Neal Katyal & Paul Clement, a mere “commentary” on the subject, relies upon the 14th Amendment naturalized citizen at birth concept, despite the fact that Ted Cruz was not “born in or under the jurisdiction of the United States,” was never “naturalized” to the United States, and completely ignoring the fact that Canada prohibited “dual citizenship” in 1970, as well as the fact that “dual citizenship” alone would prevent him from “natural born U.S.” status.

All of this explains why Senator Ted Cruz has no legal U.S. citizenship documentation of any kind. He is not a “natural born” – “native born” or “naturalized” citizen of the United States. Because someone must be one of the three in order to be a legal citizen of the United States, Senator Ted Cruz cannot possibly be a “legal U.S. citizen” of any form.

Only days ago, a 17-year-old first time voter at a New Hampshire town hall meeting for Senator Ted Cruz asked a very reasonable question… “How and why, until recently, were you unaware that you were a Canadian citizen?”

As the young man explained, this is not an eligibility question, but a credibility question… which Senator Cruz refused to answer, preferring instead to regurgitate the talking points carefully crafted by his Harvard friends and eventually, shouting the young man down, after a Cruz fan in the audience shouted “better a Canadian than a Kenyan!” (VIDEO) Meanwhile, a growing number of Constitutional Law Professors agree, “Cruz is NOT eligible.”

Of course, Senator Marco Rubio is also “ineligible,” as a “native born citizen at birth” by virtue of 14th Amendment “anchor baby” policies only.

In the end, the only possible way to consider Senator Ted Cruz eligible for the Oval Office is if every “undocumented resident alien” is eligible for the Oval Office, which I personally believe is the real agenda of both political parties, as they work to meld the USA into the global commune where there is no legal difference between “natural born Americans” and “undocumented aliens.”

The fact that so many Americans do not know or care to know the truth about the Constitutional “natural born Citizen” requirement for the Oval Office, demonstrates just how far down the road of “hope and change” for the destruction of the Constitutional Republic, the enemy within has already achieved.

Soon, “natural born Americans” will be in the American minority… and they will be ruled by foreigners who have no legal U.S. citizenship at all.

113 replies
  1. Robert
    Robert says:

    Your assessment is absolutely incorrect. If Cruz is not a citizen of the US, then how did he become US Senator? He did not have to go through a Naturalization process after his mother brought him back to the US. Many Natural born US Citizens are born in other countries. Their American parents are living abroad and they are born in the country they reside.

    If Cruz is not a citizen under your uneducated assessment, what process would make him a citizen? Taking a test before a US Judge? Sorry, but there is no precedent for that process. Cruz, like many other children born abroad receive US Passports when one of their parents who are US citizens show the Postal Agent their Passport.

    You’re all wet on this one. Where did your PHD come from? One of those mail order schools?

    Reply
    • Barry G
      Barry G says:

      You are messing with a very educated man who served his Country with distinction 1st of all, next, Ted Cruz was not born on US soil and even he is on video saying that it prevents anyone from the office of POTUS. Your response was a typical emotional response from someone who has it in his heart for Cruz, use your brain. Cruz will be sued by every Democrat if he wins the GOP nomination. Do we want to lose this election or stop the Commies? You decide.

      Reply
      • Rosalee Dallimore
        Rosalee Dallimore says:

        Dr. Rich Swier is wrong. My children were born in Canada all around the same time as Ted Cruz and under the same circumstances. I’m an American and my husband was Canadian. My kids are dual Canadian/American. They have not had to choose between being one or the other. They have both their US and Canadian passports. So Dr. Swier first statement is wrong.

        Reply
        • Karen Bracken
          Karen Bracken says:

          But what you are missing is that Cruz DOES NOT have a US BC. And he doesn’t have one because BOTH his parents were Canadian at the time he was born in 1970. This make Cruz 100% Canadian. They were both registered to vote in Canada and that record has been made public. Now if Ted had a US BC don’t you think that is the BC he would present to the public? Yes if he had one he would but he DOES NOT have a US BC and AGAIN because both of his parents were Canadian when he was born. Get you head out of your uninformed butt and face the facts. The man is not eligible to even be a Senator let alone President.

          Reply
          • Tjuana Hadden Gilliland
            Tjuana Hadden Gilliland says:

            Dr. Rich Swier is exactly right. Although I like Ted Cruz, I agree, that he never had dual citizenship, because his mother gave up her U. S.citizenship, and became a citizen of Canada. He evidently ran for the Senate without disclosing his Canadian citizenship, which is totally illegal. There is no birth certificate for his mother either. I agree, that we need to respect the Constitution, and only those that are naturalized American born citizen’s, have the ability to be elected as our president and/or member’s of congress. Obama is completely illegal, since he was born in Indonesia, and university record’s show that he indeed was foreign, and used the name Barry Serrento.

        • Audree Schiefelbein
          Audree Schiefelbein says:

          That doesn’t make them Natural Born. I was pregnant in Germany, on a military base and was told that if my daughter had been born there, she would have been naturalized at birth, NOT Natural Born. Two US citizens, military base, had to file CRBA form and she would be naturalized. Rafael Edward Cruz is not eligible to be President!

          Reply
        • Michael Whitley
          Michael Whitley says:

          Rosalee
          Perhaps you did not read the whole article, durring the time period that Cruz was born, Canada did not recognize dual Citizenship: (From January 1, 1947 until February 15, 1977, Canadian law prohibited “dual citizenship.) So apparently your Children are Canadian and not US Citizens. However though, even if Canada had recognized dual Citizenship, Cruz would still be ineligible because of the facts and Dual Citizenship. The Governor of Maine had Children in Canada and he had to Naturalize them, so he can tell you more about the process. Maybe you brought your children to the US and never Naturalized them, and nothing has ever been said. so you do not understand. This is most likely what happened with Cruz and his Family. If Cruz was a Natural Born Citizen, Why would he denounce his Canadian Citizenship in 2014? Which he cannot just say I denounce my Canadian Citizenship, there is a process to go through.

          Reply
          • Rob - Oz
            Rob - Oz says:

            I would have thought that denouncing his Canadian Citizenship, and followed the correct procedures to do that, not just say it, would have left him as Alien without a country. Until he gets Naturalized as a US Citizen.

      • Bigfoot1776
        Bigfoot1776 says:

        Donald Trump will win the Republican nomination and the national election against Hillary or Bernie. There is no threat of “Commies” taking over the US government.

        Reply
        • Karen Bracken
          Karen Bracken says:

          The fact that we allow candidates that are not eligible to win sets the table for our enemies to run in the future and get elected eventually. We cannot even allow Cruz or Rubio to run. They must be exposed and removed from the race. We are setting a dangerous precedent by allowing them to run.

          Reply
          • Brenda Varley
            Brenda Varley says:

            This truly should be cleared up, once and for all. We in America will soon be having every place in the world wanting to run for something. That is why we have BC, Driver License,Picture ID. We want to be on the up and up. Come on America, Tighten Down.

        • Charles Imwold
          Charles Imwold says:

          Give yourself a Gold Star for naming Donald Trump as the Next US President ! 11/08/2016 Donald Trump elected US President ,wins 306 electoral votes to Hillary Clinton ‘s 238

          Reply
      • Carol Schmidt
        Carol Schmidt says:

        I’ve worked with birth certificates for more than 30 years and have always said Cruz was not a natural born citizen and not eligible for candidacy of president!
        I don’t care how educated he is, a desire to achieve presidential status can be very powerful, and have intense counter American reasons….just like the Obama presidency!
        The US MUST stop both the Cruz and Rubio president campaigns as they only reinforce precidents for operating outside US Law and the loss of our country!

        Reply
        • Rosanne Sinatra
          Rosanne Sinatra says:

          How???? I just called the NC State Board of Elections and when I asked what I could do to prevent two presidential candidates from being on the ballot, she treated me like I had two heads! The most she would let me do is leave a message with someone. Wonder if he’ll even return my call….

          Reply
        • Charles Slaka
          Charles Slaka says:

          First, Doesn’ t anyone care what our forefather’s thought about Cruz’es or even Rubio’ s eligibilty. The Constitution may be unclear but our Founders actions are not.
          500,000 loyalists or tories were disenfranchised because they were considered either enemies of the Revolution or foreigners or both.
          The number included men, women and children who because of our Founders and practically every colony and even after the Constitution was ratified did not award these Colonists who only recognized the anointed King as sovereign citizenship( via the law, The Comstitution) or basic rights under any nation’s laws.
          Their properties were confiscated, as well as their assets, businesses, and public positions. They were tormented, tarred and feathered, killed, beaten until most of those Loyalists born on the same ground our Forefathers and more than likely their for bears were born on( states part of the USA today).
          There were therefore no automatic birth rights for a child born on after the Constitution was ratified. Any Loyalist who did want citizenship had to take a loyalty oath foregoing any other jurisdictions(sovereignty).
          Why would Canada force Canadian citizenship on Cruz when their law forbid dual citizenship in 1970.
          Why would Ted Cruz’es birth certificate declare him to be a Canadian?
          Now No one can convince me Canadian’s take such little pride in the matter of citizenship, and the laws of the USA concerning mothers giving birth in Canada?
          Canada could not award Ted Cruz citizenship had his mother verified she was American and there are comsular forms which would have achieved this.
          No President has ever become president of our nation that was born on soil we call the U.S.A. before or after the Constitution ratification. That is why when we were kids, we didn’t say George Washington was born in the colony of Virginia, we said he was born at Mt.Vernon, Va. connotation the Commonwealth, state of Virginia.
          anyone not born on the soil therefore, has to be naturalized, whether it is automatic per law( kind of like our forefather’s became citizens since they were not natural,born Americans but English subjects at birth).
          How else could we have become a new nation?
          Getting back to loyalists, very few actually fought against the Patriots and those who did, enemies were sometimes butchered but always left without citizenship or even basic human rights even before we became a nation.
          Ted and his father both have recounted Rafael fighting for Communist Castro, throwing molotov cocktails.
          Now say, the story is a fantasy, why would Ted or his father make up such a story? It means his father, Rafael supported an enemy of the USA until just this year!
          The children of traitors and enemies were not immune during and after the Revolutionary war.
          How is it possible, for Cruz born under Canadian Sovereignty could be clueless of his Canadian Citizenship he had for over 40 years.
          Rubio was born of foreign parents under Cuban Sovereignty and ultimately had they committed grave crimes in our nation, subject to deportation by the jurisdiction in the USA they were under.
          As with children of loyalists or tories, subject to a foreign sovereignty, Rubio would not become a citizen just because he was born on US soil.,How could he, when our Forefathers excluded 500,000 loyalists and their children?
          What adds insult to injury, Rubio’s parents lived here 18 years before they decided a change of sovereignty(swearing an oath of loyalty to the nation they lived in 18 years, the US) ws worth anything to them.
          They made this,decision 2 years or more after Marco Rubio was born.when they became citizens customarily, their child would be naturalized on their coat tails. But Marco has no naturalization papers ,no citizenship.
          Considering Cruz was born in Canada, a Canadian citizen which requires no other citizenship.
          Cruz is not an American Citizen regardless of his mother’s birth.
          But here’s the clincher, whether Ted’s mother voted or not she appeared on Canadian voters list eligible to vote,
          She must have relinquished her citizenship to be eligibleU.S. maybe because she knew her husbandmwasma,Castro Communist terrorist who even admitted that bribes were affected to get his release from Cuban prison and into the USA.

          Reply
      • Steve Smith
        Steve Smith says:

        Hey all you Cruz haters…News Flash!!! Ted Cruz is a naturalized citizen of the United States.

        His mother was born in the state of Delaware, which makes HER a natural born citizen, and makes HIM elligible to be POTUS.

        Here’s some advice to all the wanna-be know-it-alls…LEARN ABOUT PRESIDENTIAL QUALIFICATIONS BEFORE YOU COMMENT…and look stupid!!!

        Have a nice day!!!

        Reply
        • Expatmom
          Expatmom says:

          The question that sorely needs to be examined is did his mother renounce her US citizenship before he was born. If she didn’t, where is the Consular Report of Birth Aboard? He must have one if his mother still considered herself an American at the time of his birth. Where is it? The problem would go away if he’d just release it, much like BHO did with his birth certificate.

          Reply
        • peggy
          peggy says:

          If Cruz is a “naturalized” citizen of the US, then he’s not eligible for election to president of the US. He would have to be a “NATURAL BORN” citizen. There is a difference.

          Reply
    • Elegy56
      Elegy56 says:

      “Many Natural born US Citizens are born in other countries. Their American parents are living abroad and they are born in the country they reside.”

      No, there sure isn’t man unless they were born on a military installation, ie sovereign American soil. If Cruz is indeed a citizen, he became a citizen through a naturalization act of congress. So yes, call it whatever you want, he is naturalized.

      “then how did he become US Senator?”
      The same way Barry O was placed in the oval office. You obviously don’t have experience filing ballot challenges. The parties are the only people who vet these candidates, the states place them on ballots by sole virtue of the political parties.

      Cruz, nor Rubio, are or could never be natural born citizen; both are ineligible. Both have shown that they have no regard for our constitution or rule of law. Neither are to be trusted. You really ought to know what you’re talking about before you comment dude, you made a fool out of yourself.

      Reply
        • Patricia Thomas
          Patricia Thomas says:

          Seriously? Barry Soetoro aka Barrack Hussein Obama. Barry was the name he used until shortly before becoming involved in ‘community organizing’ which seems odd and should have given us a clue going forward in politics he began using an islamic name.

          Reply
    • Peter
      Peter says:

      Your assumption is that he had to prove he was a U.S. citizen when he ran for office. To this point he has provided no legal documentation that to prove his citizenship to the United States.

      He has provided.
      1. A Canadian Birth Certificate
      2. A certificate of renounciation of his Canadian citizenship
      3. His mothers Birth Certificate.

      He hasn’t provided any of the following documents which would allow him to join the United States Air Force as a citizen born abroad.

      AFRSI36-2001 1 AUGUST 2012

      2.19.5. An individual born abroad who acquired US citizenship at birth may use any of the
      following documents, issued by the specified agency, for verification:
      2.19.5.1. From the Department of State (DS):
      2.19.5.1.1. A valid US passport (5 years for minors, 10 years for adults).
      2.19.5.1.2. FS Form 240, Consular Report of Birth, or FS Form 545, Certification of Birth.
      2.19.5.1.3. DS Form 1350, Certificate of Report of Birth.
      2.19.5.2. From the US Immigration and Naturalization Service (INS):
      2.19.5.2.1. INS Form N-560A, Certificate of Citizenship.
      2.19.5.2.2. INS Form N-561, Certificate of Citizenship (replacement for INS Form N-560A).

      What documentation did he use to prove his U.S. citizenship to the people of Texas?

      Why does he claim to not know that he was a Canadian citizen when his college classmates say he did?

      What citizenship papers did he show to Canada to prove he was a U.S. citizen or a citizen of any other country for that matter?

      Why hasn’t he released those bits of information?

      Why hasn’t he allowed the USCIS to release any information they have?

      More questions than answers. Sounds alot like someone else we know doesn’t it?

      Reply
      • Robbie Martin
        Robbie Martin says:

        Ted is not a US citizen……He lied to the state of Texas, about his mother, he didn’t tell them she renounced her US citizenship, when she became a Canadian citizen……She did that before Ted was born,,,,,,HE IS NOT A US CITIZEN…….

        Reply
    • Peter
      Peter says:

      To your second assumption that he wasn’t subject to a process.

      The process by which children with “presumptive citizenship” like Rafael under INA Sec 301 is a shorter process than by which a person without that “presumptive citizenship” would be subject too.
      Although a less arguous process is a process none the less.

      His parents had to prove many things before they would be granted one of those documents listed in my previous response. If Rafael did not have one of those documents and he had to prove he had “presumptive citizenship” he would have to prove those same things as well.

      Regardless of what Rafael says about his citizenship the Supreme Court has been clear and consistent on the topic of children born abroad. They are naturalized in terms of the Constitution because they acquire their citizenship via Art I Sec 8 powers of Congress.

      Reply
    • Jack
      Jack says:

      How Cruz became a US Senator is a very good question.

      Becoming a US Citizen through the mother requires access to a federal law to become that US Citizen. Congress has an enumerated power of “Rule of Naturalization” Art 1 Section 8 Clause 4.

      All of naturalization laws including the 1934 & 1952 that Cruz claims he was a US citizen through his mother are through that naturalization power. Congress lacks the power to render anyone a natural born Citizen.

      There are two end results to the naturalization process, neither of which are gains towards Art 2 Section 1 Clause 5, but would address the concern on the US Senator position, which are either a Certificate of Citizenship or a Certificate of Naturalization.

      Due to the one US Citizen parent confirmed in the process the end result would be the CoC instead of the CoN. Either would render Cruz a US Citizen under the “Rule of Nsturalization” power.

      The claim that Cruz is a US Citizen and received the US Citizenship at birth is all fine and dandy, but that would only exist under naturalization not natural born of US. Unless and until Cruz presents the CoC with his name on it, he is not even a US Citizen; it’s child’s play for the son of US Citizen to get one to keep his senate seat. Failing that he could also claim US Citizenship through his wife, but he will need to take the test.

      Right now the USA has a native Canadian pretending to be a US Citizen claiming to being natural born of the United States when he is in fact a natural born of Canada, even without the Citizenship of Canada that renounced and can just as easily resume.

      Reply
    • CSadens
      CSadens says:

      Prior to 1977, when a person is born in Canada the parents must choose which country of citizenship if the parents are of different nationalities. This means you better hope that your buddy Ted was an illegal in Canada before he came to the U.S. with mommy in 1974.

      I’m willing to wager they chose Canada as the country of citizenship for Rafael Edward Cruz.

      Reply
    • Al M
      Al M says:

      Application for citizenship form N-600 and FS 240 form
      The first step to anyone born outside our country and it doesn’t matter if both parents are US citizens or not, the citizen parent must go to the U.S. embassies and complete the Application form N-600, https://www.uscis.gov/n-600 requesting citizenship be conferred on his/her offspring. Then if all the paper work has been filed and approved then they give you a FS 240 certificate.
      He will try to hide the fact that he was naturalized. The key question is was the correct paperwork filed at the consulate after his birth to make him a natural born citizen?
      And if the correct paper work was filed then all he has to do is request it from State and post it everywhere.
      Since he HASN’T, my bet is he doesn’t have it. And if he doesn’t have it, he’s NOT eligible to be President. And I’d also bet that he’s well aware of that. If his mother took the appropriate steps and registered his birth with the US Canadian embassy, he would have received a birth certificate from the State Department. That would close the case.
      https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

      Reply
      • Freedom Fighter
        Freedom Fighter says:

        I like Ted. Lets get that straight. But I love America.

        He most likely would have an FS 545 which is the predecessor form to the FS 240.

        This is absolutely the most clear and succinct statement on why Cruz may or may not be a citizen.

        If his mother failed to file the proper paperwork when Rafael Jr… I mean Ted was born then the whole argument about his mother’s citizenship is moot. He simply must show the documentation. If he waited until after his 18th birthday to file the paperwork he would then be a naturalized citizen.

        It is this simple and there is no need to bring up arguments of the Madison Papers or other revolutionary and colonial documents.

        In fact, if his mother never filled out the paperwork and since he renounced his canandian citizenship… he might be a man without a country.

        SHOW YOUR CRBA and end this now Ted.

        Lastly, do you realize that every single one of you that are fighting for Ted’s citizenship with a single parent and born abroad are fighting to set a precedence which will establish a norm which will eventually weaken our country? You are arguing against America. By this argument, any child bron of an ISIS father and American mother can then be construed to be an American Natural born citizen?

        https://www.facebook.com/Ted-Cruz-Show-Your-CRBA-Now-1045312755507303/timeline

        Reply
    • Steve Armstrong
      Steve Armstrong says:

      Pay attention. The requirement is for president, not senator. Natural born citizenship not required to be senator

      Reply
      • Robbie Martin
        Robbie Martin says:

        Yes it is required to be senator………Cruz will not be senator much longer……You can’t hold office in America, unless you are a citizen……

        Reply
        • I.L.
          I.L. says:

          Naturalized citizen is required to be Senator, not “Natural Born”, it is a difference with a distinction. All candidates for Pres, and VP must meet the latter requirement.

          Reply
    • Robbie Martin
      Robbie Martin says:

      Sir, there was one little bit of information that you didn’t pick up on,,,,,Ted’s mother gave up her US citizenship, for a Canadian citizenship…….Canada did not have dual citizenship, until 1977……..Therefore his mother was not a US Citizen…………Ted is still a Canadian citizen,,,oh I forgot he renounced his Canadian citizenship,,,,Ted is a man without a country…..

      Reply
    • Jim
      Jim says:

      The assessment is in fact correct because the requirements to run for Senator are different from those required to run for president. To run for Senator you must at least 30 years old.
      a U.S. citizen for at least nine years at the time of election to the Senate.
      a resident of the state one is elected to represent in the Senate.
      These are the only requirements for the office that are specified in Article I, Section 3 of the Constitution. There it that other “hitch” since Cruz was apparently not a citizen of Canada and the USA, unless he became a U.S. Citizen after 1977, then he has never been a citizen of the USA and is illegally serving as a Senator for Texas.

      Reply
    • iampatrickhenry
      iampatrickhenry says:

      Robert, What your suggesting is just because someone managed to steal a car the car is somehow his…

      Ted Cruz as far as anyone knows was NEVER a US citizen and has shown NO DOCUMENTED PROOF of VALID LEGAL US CITIZENSHIP at all. Ted Cruz needs to proof through documentation that he is a US citizen , i believe that proof alone will show he is in fat a NATURALIZED citizen and not a NATURAL BORN CITIZEN.

      Chances are Ted Cruz became a senator without having to prove citizenship, slipped through so to speak. wither or, i am a natural born American and i can prove it and am more than willing, Ted Cruz as a valid natural born American (that he claims to be) should be readily. easily and eagerly willing to openly prove he is as well. This shouldnt be any problem for anyone, right?

      At least for someone who has nothing to hide.

      of course he will have to unseal all his documents he hid in both America and Canada first.

      Reply
    • Gail
      Gail says:

      The Dr is correct. There is undeniable proof that Ted Cruz was born in Canada, but no proof he is an American citizen.
      How did he became a U.S. Senator. Nobody asked for proof of citizenship. He’s lived in Texas since he was four. It was assumed. We all should admit, we all tend to assume far too much. Research takes time and effort.

      Reply
    • Thaddeus McKeown
      Thaddeus McKeown says:

      Your Are So Wrong Only An Idiot That Didn’t Read The Law Would Say Cruz Is Running Legally But He Ain’t Fore It Takes Both Parents Not 1 To Be A Natural Born Citizen Neither Cruz Obama Or Rubio Can Run For Or Hold The Office Of Potus The Only Way To Change This Is Thru An Art.5 By ammendment Any Thing Else Is Oppion Not Law Read The 1790 Law

      Reply
      • I.L.
        I.L. says:

        The 1790 law was repealed in it’s entirety when it was replaced by the 1795 law. And under Vattel, the Law of Nations, which the framer’s of the Const. relied heavily on, “natural” citizenship follows only the father’s lineage.

        Reply
    • Wscy
      Wscy says:

      Article I, Section 3 of the Constitution sets three qualifications for senators: (1) they must be at least 30 years old, (2) they must have been citizens of the United States for at least the past nine years, and (3) they must be inhabitants of the states they seek to represent at the time of their election.

      Reply
    • Michael
      Michael says:

      Being a Senator does not require you to be a US citizen. Besides the fact that he also has a US passport, this just shows how deep the misunderstanding of “Natural Born Citizen” and “Naturalized Citizen” is. When Ted showed his birth certificate to the office and they issued him a US passport on the say so of his mother with no other documentation required, it was against the law. Just because it says she was a US citizen (when actually she was a Canadian Citizen) without proof should not be enough to get a US Passport. When our children were born they didn’t ask us what nationality we were. Did they ask you when your children were born? Don’t you think there should be more than just asking anyway?

      Reply
    • Mcarthurdw
      Mcarthurdw says:

      His citizenship would depend on if he was registered with the US Consulate in Canada at the time of his birth, by a parent that was a US citizen. I was born in England, at an English Hospital. My Birth Certificate is British. Both of my parents were US Citizens, my birth was registered with the US Consulate in England, therefore I am a US Citizen.

      Reply
    • Your mother even knows you're an Idiot!
      Your mother even knows you're an Idiot! says:

      Shut your piehole and stop being such a whiney little girl that you are. He’s not qualified, stop spewing out false accusations when you know nothing about him, just the crap you read about him.You thought Obozo was legal too I suppose?….Seriously, you need you head checked.

      Reply
    • headonstraight
      headonstraight says:

      The Constitution requires the President to be a “natural born Citizen of the United States”(Article II, Section 1). The Constitution requires a Senator to be a “Citizen of the United States,” with no requirement that his/her citizenship be of the “natural born” type (Article I, Section III). There IS a difference and that difference might be all that is required to DUMP TRUMP.

      Reply
    • David in MA
      David in MA says:

      You know if Cruz has an American passport?
      If so he lied to get it, other guys who need to be asked this question are Obama and Rubio.

      Reply
    • Mary
      Mary says:

      Dr. Swier is 100% correct. I’ve been saying this since day 1.
      I had step children who were dual Citizenship and were registered at time of birth. U S Military Father Abroad.
      Citizenship followed father.
      Still had to have Visas and Green Card and go through Naturalization.
      Special requirements had to be met to bring spouses and chilren to US

      Reply
    • CRUZ IS QUEER
      CRUZ IS QUEER says:

      you just proved that you’re an uneducated idiot,that has no clue what so ever about the LAW of the land..Cruz the closet queer is not a US citizen,just like his brother obama.

      Reply
    • michael mcdaniel
      michael mcdaniel says:

      am made to understand that being a natural born citizen of united states not required for member of congress but length of residency in certain state or district is. also understand that there are several muslim, communist, nazi, and even one fascist member of congress currently serving on record. the natural born/naturalized born citizen only applies to the presidency.

      Reply
    • Harold Ravenna
      Harold Ravenna says:

      One question Robert? when did you become a lawyer? Cruz.parents where not US citizens and he got into the senate the same dam way he is trying to get the presidency which he will not get.I think the law institute knows a hell of a lot more about this then you.
      Sorry Robert but you are all wet on this one.

      Reply
    • Michael Whitley
      Michael Whitley says:

      Robert
      Cruz lied about being Canadian and got away with it, just as Obama has. Why can’ people just go Study our Constitution and do their due diligence before jumping to conclusions. Cruz is not eligible in any way ,shape, fashion, or form. Thats the way it is. But if we continue to let these People run for office and become our Presidents, we are doing ourselves a dis-service, and spitting in our Founding Fathers Faces, because this kind of Constitutional Neglect will destroy our Constitution to the point that it becomes null and void.

      Reply
    • JohnZ
      JohnZ says:

      @Robert In to start off with in 1970 you didn’t need a passport to come and go from Canada as stated by the author. Canadian law didn’t allow dual citizenship Here is a better question to ask yourself why did Lyin’ Ted have his records and his moms records sealed. Could it be his Mom voted in Canada in 1969 so she had to denounce her USA citizenship she could soundss just like another foriegner we have in the WH

      Reply
    • Gotsaveus
      Gotsaveus says:

      IF RAFAEL EDWARD CRUZ WAS BORN CITIZEN , WHY HE HAVE TO PROVE OF NATURALIZATION IN THE USA? AND WHY HE IS NOT USING HIS REAL NAME? HE IS RUNNING FOR THE PRESIDENT OF USA AND NOBODY EVEN KNOW HIS NAME.IN CANADA PARENTS WILL DESIDE YOUR CITIZEN SHIP RIGHT BY THE BIRTH. ITS ILLEGAL TO HAVE DUAL CITIZEN SHIP IN CANADA.HIS PARENTS GAVE HIM CANADIEN. NOTHING WRONG EXEPT HE CANT BE US PRESIDENT.AND U HAVE TO BE CITIZEN FOR 9 (NINE) YEAR BEFORE U CAN RUN FOR SENATOR. I BELIEVE HE WAS GOOD LAYER, HE FIND LOOP HOLES AND POSSIBLE WITH SOME “TRICKS” HE GOT IN AS SENATOR IN TEXAS. HE KNEW, THERE IS BUNCH OF IDIOTS IN TEXAS. JUST LIKE ALL BUSHES.I BELIEVE HE IS VERY SMART, BUT SORRY ,CANT BE PRESIDENT OF THIS COUNTRY. JUST LIKE I CANT BE IDER, SO BIG DEAL, ITS STILL THE GREATEST COUNTRY THIS OLD USA.WE JUST HAVE TO RESPECT THE LAWS AS FOUNDERS OF THIS COUNTRY DID.

      Reply
    • Gail
      Gail says:

      There is absolutely nothing Cruz or Rubio can do to change the facts. They should look to their children if they wish someday to enjoy the White House.

      Reply
  2. Don Day
    Don Day says:

    Actually he is 100% correct on all points. Canadian law did not give dual citizenship until after 1977. Before then an election had to be made of either Canadian or, in this case, US citizenship for the baby. If Cruz obtained Canadian citizenship at birth then the parents had to declare it, giving up the right to US citizenship. IT’S THE LAW, or was in 1970. US citizenship to children born overseas to US citizen patents NOT in the employ of the US Government CAN claim US citizenship if proper paperwork is submitted to and approved by, by the parents or, after the age of 18 and before the age of 21, the US Consular or US Embassy. As far as the 14th Amendment, a loose reading for Rubio would be a Native Citizen but not NATURAL BORN. This is why both are facing legal challenges now. Oh, and btw, legal challenges were raised to Obama, and are still pending in some cases, BUT there is only 1 way to remove a sitting POTUS.

    Reply
  3. Jack
    Jack says:

    Robert, what you fail to acknowledge and realize is Canadian law. No dual citizenship in 1970 in Canada. You can’t make comparisons to other countries or children living abroad because you don’t know the law of those countries. Each has to abide by its own country’s law thus in 1970 Canada disallowed dial citizenship.

    True Cruz’s mother could have had him claim citizenship once back on the states but there would have had to be a record of it

    Reply
  4. CSadens
    CSadens says:

    And furthermore, if Cruz was in fact born a US Citizen abroad, a CRBA Form is required to be filed at the time of birth to fulfill the requirement of “natural born” citizenship status for the U.S.

    So without him releasing his CRBA Form there is still no proof that he is a natural born U.S. citizen.

    Reply
    • Shea
      Shea says:

      Natural Born Citizen – The definition that our Founding Fathers used they got from Vattel’s “Law of Nations”, from whence they got the phrase as well, and coincidentally is the work that they pretty much based the entire Constitution upon.

      Book I, Chapter XIX

      § 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.”

      BORN IN THE COUNTRY of PARENTS, (Plural ) who are Citizens.

      What about this do you people not understand???

      Reply
  5. LouEllen Brown
    LouEllen Brown says:

    Because Obama got away with it, these gentlemen assume that it is okay for them to be allowed to be POTUS also. Nancy Pelosi is largely responsible for Obama ever being on the ballot as she signed her name swearing that the Democrat candidate was legally eligible to run for the office. Others chose to be silent because they did not want to cause trouble for themselves, so we got what we were given by the Bigs. We let it happen so we could have anointed the first Black President. I voted for McCain with my nose pinched shut.

    Reply
    • Rita Louie
      Rita Louie says:

      Obama was born in Hawaii. That is a fact. Last I looked, Hawaii was a US state. Rubio was born in Florida, also in the USA. Stop mixing these up with Cruz, who, for all intents and purposes, was a Canadian until 2 years ago and might still be one if the proper paperwork was never filed.

      Reply
    • Christine Smith
      Christine Smith says:

      The difference is that Obama was born in Hawaii, which is a US state, making him a “natural born” citizen by virtue of having actually been born IN the U.S.A.

      Reply
  6. Susan
    Susan says:

    His citizenship has nothing to do with US citizenship laws, it is about Canadian law. In order for his mother to become a citizen of Canada when she did, she had to renounce her US citizenship. Canada did not have “dual-citizenship” at the time of Ted Cruz’s birth. He’s a man without a country. Texas was remiss not to have his citizenship claims investigated. The ignorance is astounding. He has no business being in the Senate.

    Reply
    • Rosalee Dallimore
      Rosalee Dallimore says:

      For once and for all, Ted Cruz’s parents had not lived Canada long enough to become Canadian citizens when he was born. They had only be in Canad for 4 years when he was born and in order to apply for Canadian citizenship, one would have to live there for 6 years. His mom was then and still is an American citizen. And, kids born in Canada around the same time of Ted and under the same circumstances have dual citizenship. This Dr. Rich Swier is completely wrong. Ted’s mom’s American citizenship was past on to him at birth. He did not have to go through the “naturalization” process.

      Reply
    • shea
      shea says:

      A Citizen cannot be President. Only a Natural Born Citizen, as the Constitution says. The Constitution is clear on that. A Natural Born Citizen, per the definition our FF used, is born HERE of two (2) Citizen parents,

      He is NOT Constitutionally eligible.

      Reply
  7. Carol
    Carol says:

    It’s really very simple. Born on US soil of TWO citizen parents = “natural born”. Any other way that citizenship is acquired is through naturalization (operation of law). There can be a thousand Harvard lawyers saying something else but that would not change the Constitution. Have some of you forgotten that the Constitution can be changed only by Amendment? EIGHT different times a bill was introduced into congress to amend the Constitution as to this point, and ALL eight times failed.

    You either are or are not “natural born” at the moment of your birth. All the laws and lies cannot change that ever. If mama had to get a CRBA, then you are not “natural born”. A CRBA COULD allow you to be a regular (naturalized) citizen. But did she do that? No evidence so far that she did.

    And what was his father? A US citizen in 1970? No, not until 2005. Seems to me that was a long time after the son was born, yes? Since, the only link to America was his mother’s citizenship (which is in doubt anyway because papa said that both parents had become Canadian citizens, the only information lacking is “when”) and that required a CRBA to pass naturalized US citizenship on to her son, and that is not in evidence, chances are he is/was ONLY a Canadian citizen all those years until 2014 when he renounced it, Canada not permitting dual citizenship as Cruz has claimed ad nauseum.

    Canada requires that before they grant renunciation that the person show proof of citizenship in another country or that they are applying. Canada does not want to leave a person without a country. There was an unusual delay in the process — why? And why did he require a TEAM of lawyers to fill out a simple form? Why is that? Could it be that he found out THEN that he was not a US citizen of ANY kind? And that he applied for naturalization at that time? Here he had been sitting as senator for HOW LONG by that time? Illegally I might add, if this is true. Where is the evidence that is a citizen at all?

    The Constitution REQUIRES that a person be a US citizen for NINE (9) years BEFORE becoming senator. Operative word is “BEFORE”, not sometime after and only when caught!

    How long is the process for naturalization when one has been already living here for more than the five-year requirement for citizenship?

    This is one of the biggest scandals ever and needs to be exposed and publicized widely, that we have had a foreigner acting on the behalf of AMERICANS in our senate. I was going to say a “resident alien” but I don’t know that he was even that. And now we have an illegal senator illegally running for president? I shake my head thinking of all the ignorant fools who want this wannabe usurper to set the precedent for a son of ISIS born in Syria out of an American mother to be president.

    Reply
  8. iampatrickhenry
    iampatrickhenry says:

    Ted Cruz as far as anyone knows was NEVER a US citizen and has shown NO DOCUMENTED PROOF of VALID LEGAL US CITIZENSHIP at all. Ted Cruz needs to proof through documentation that he is a US citizen , i believe that proof alone will show he is in fat a NATURALIZED citizen and not a NATURAL BORN CITIZEN.

    Chances are Ted Cruz became a senator without having to prove citizenship, slipped through so to speak. wither or, i am a natural born American and i can prove it and am more than willing, Ted Cruz as a valid natural born American (that he claims to be) should be readily. easily and eagerly willing to openly prove he is as well. This shouldnt be any problem for anyone, right?

    At least for someone who has nothing to hide.

    of course he will have to unseal all his documents he hid in both America and Canada first.

    We should always put our US constitution above ANY party or ANY man.

    Reply
  9. Dlagwa
    Dlagwa says:

    February 7, 2016 by J.B. Williams
    Absolutely NAILS it.
    A MUST read;

    “The debate over whether or not Senator Ted Cruz is eligible for the U.S. Presidency is about to end. It has now been confirmed that Senator Ted Cruz is neither a “U.S. natural born Citizen” or a “legal U.S. citizen.”

    According to all relative legal citizenship documentation available at present, Senator Ted Cruz was born Rafael Edward Cruz, a legal citizen of Canada on December 22, 1970 and maintained his legal Canadian citizenship from birth until May 14, 2014, 43 years later.

    The Cruz Campaign for the U.S. Presidency has claimed that Senator Ted Cruz was a “citizen at birth” via his U.S. mother and a “dual citizen” of both Canada and the United States in 1970 and that by renouncing his Canadian citizenship in 2014, he would become eligible for the Oval Office.

    There are several problems with this claim… which make the claim false

    “citizen at birth” is a 14th Amendment naturalization term based upon “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
    Senator Cruz was born in Canada, subject to the jurisdiction of Canada. Further, any U.S. citizen by virtue of the 14th Amendment only, is a “citizen” and not a “natural born Citizen,” as you will see below. (Source is Cornell Law on the 14th)

    “dual citizenship” was prohibited in Canada in December 1970. (Source is Canadian Law)
    From May 22, 1868 until December 31, 1946, all residents of Canada were British subjects. There was no such thing as a Canadian citizen or Canadian citizenship until January 1, 1947.

    From January 1, 1947 until February 15, 1977, Canadian law prohibited “dual citizenship.” Foreign parents giving birth to a child in Canada in 1970 were forced to choose between Canadian citizenship only, or citizenship in another country, and to declare that with Canadian officials at the time of birth. The parents of Ted Cruz chose and declared “Canadian citizenship” for Rafael Edward Cruz.

    United States laws make it possible to be a legal U.S. citizen by only the following means…
    a) NATURAL BORN CITIZEN – “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 country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.” (The Natural Law as understood by the Founders in Article II of the US Constitution)
    b) NATIVE BORN CITIZEN – All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. (The 14th Amendment definition for “citizen”)
    c) NATURALIZED CITIZEN – the legal act or process by which a non-citizen in a country may acquire citizenship or nationality of that country. It may be done by a statute, without any effort on the part of the individual (aka anchor baby), or it may involve an application and approval by legal authorities, (such as a Consular Report of Birth Abroad (CRBA) form filed with the US State Department at the time of birth). (This includes “anchor baby” or “citizen at birth” born here or abroad, under the 14th) Source is U.S. State Department
    “dual citizens” are prohibited from being “natural born Citizens” as it pertains to Article II requirements for the Oval Office.
    As the stated purpose of the Article II “natural born Citizen” requirement for the Oval Office is to prevent anyone with foreign allegiance at birth from ever occupying the Oval Office, and all “dual citizens” at birth are born with “dual national allegiance” at birth. The mere condition of “dual citizen at birth” would be a direct violation of the known purpose and intent of the natural born Citizen requirement in Article II. Source is a letter from Founder John Jay in proposing the NBC requirement for the Oval Office.

    Now, Senator Ted Cruz has repeatedly stated that he has never “naturalized” to the United States, which eliminated the possibility that Ted Cruz is a “naturalized” U.S. Citizen.

    Senator Ted Cruz has also documented the fact that he was not a “native born citizen” of the United States, but rather a “native born citizen” of Canada on December 22, 1970, who maintained his legal Canadian citizenship until May 14, 2014.

    The Harvard opinion letter written by two of Senator Cruz’s Harvard friends, Neal Katyal & Paul Clement, a mere “commentary” on the subject, relies upon the 14th Amendment naturalized citizen at birth concept, despite the fact that Ted Cruz was not “born in or under the jurisdiction of the United States,” was never “naturalized” to the United States, and completely ignoring the fact that Canada prohibited “dual citizenship” in 1970, as well as the fact that “dual citizenship” alone would prevent him from “natural born U.S.” status.

    All of this explains why Senator Ted Cruz has no legal U.S. citizenship documentation of any kind. He is not a “natural born” – “native born” or “naturalized” citizen of the United States. Because someone must be one of the three in order to be a legal citizen of the United States, Senator Ted Cruz cannot possibly be a “legal U.S. citizen” of any form.

    Only days ago, a 17-year-old first time voter at a New Hampshire town hall meeting for Senator Ted Cruz asked a very reasonable question… “How and why, until recently, were you unaware that you were a Canadian citizen?”

    As the young man explained, this is not an eligibility question, but a credibility question… which Senator Cruz refused to answer, preferring instead to regurgitate the talking points carefully crafted by his Harvard friends and eventually, shouting the young man down, after a Cruz fan in the audience shouted “better a Canadian than a Kenyan!” (VIDEO) Meanwhile, a growing number of Constitutional Law Professors agree, “Cruz is NOT eligible.”

    Of course, Senator Marco Rubio is also “ineligible,” as a “native born citizen at birth” by virtue of 14th Amendment “anchor baby” policies only.

    In the end, the only possible way to consider Senator Ted Cruz eligible for the Oval Office is if every “undocumented resident alien” is eligible for the Oval Office, which I personally believe is the real agenda of both political parties, as they work to meld the USA into the global commune where there is no legal difference between “natural born Americans” and “undocumented aliens.”

    The fact that so many Americans do not know or care to know the truth about the Constitutional “natural born Citizen” requirement for the Oval Office, demonstrates just how far down the road of “hope and change” for the destruction of the Constitutional Republic, the enemy within has already achieved.

    Soon, “natural born Americans” will be in the American minority… and they will be ruled by foreigners who have no legal U.S. citizenship at all.”

    Reply
  10. B
    B says:

    Very interesting comments from everyone, but it doesn’t appear that anyone commenting is actually an attorney, let alone has any firsthand experience with constitutional law. Neither does the writer of this opinion piece, nor Dr. Swier. And while everyone is stating his personal interpretation of the articles mentioned, not one of you seems to have any regard for the federal court system, the proper place for the answer to such such a question to be interpreted, as set forth by our own government. Where those with the education, experience, and authority to interpret our constitution do so daily.

    Reply
    • Defend
      Defend says:

      Ok, then read Leo Donofrio’s website about what constitutes “natural born citizen.” Only attorneys were allowed to comment on the site and were vetted by Donofrio. Their research turned up another usurper besides Obama…Chester Arthur, who coerced legal opinions to cover the fact that his father was not an American and he, therefore, was ineligible for POTUS. Usurper…one who presents himself or herself as eligible when, in fact, they know that they are not.

      But you have to prove your citizenship…and read every article, every comment, every landmark case.
      No relying on progressive and corrupt “attorney” opinions. Whoever convinced you that attorneys have the keys to the kingdom? Mistake to think so…
      https://naturalborncitizen.wordpress.com/

      Reply
  11. RobertLee
    RobertLee says:

    I would be happy for Cruz to secure the nomination of the Republican party and then let the Supreme Court hand down a decision. The decision I prefer would be that Cruz is not a citizen of the United States and never has been, thus removing him from the Senate and preventing him to pursue the pesidency. However, I would respect whatever the Supreme Court decides.

    Reply
  12. NoGuff
    NoGuff says:

    Sorry, Mr. Williams, but you’re wrong. Being born outside the USA to a U.S. citizen makes you a natural born citizen. That’s it. Case closed.

    Reply
    • Thomas Williams
      Thomas Williams says:

      Not sure where you get that information from. The constitution is very clear. First the only place in the entire constiturption that has the term Natural Born Citizen is in the qualifications for president. It was origionally in the section that defined what was required to become a citizen of the United States but was intentially removed. Being or becoming a citizen or a natutalized citizen is far easier than being a Natural Born Citizen. One very clear emphasis was that the person must be born on U.S. Soil. That does include U.S. Military bases and territories. Why would the framers of the constitution insure the term was left in , in one part of the constitution and taken out of another unless they wanted it to be clear?

      Reply
  13. curt waldrip
    curt waldrip says:

    both my nieces were born in holland. both are “natural born” u.s. citizens. i honestly think that the writer of this is being paid by trump. notes on trump: he tried to use eminent domain in order to steal the home of an elderly widow so that he could build a parking lot for limos at one of his casinos. you can only attack cruz thru something untrue (better read u.s. code on this, as it is very specific and according to it cruz is a natural born citizen), while leaving the man that was donating to the democrats until 2012 alone. trump is not only a sleeze but he is anti gun (cruz fought for firearms rights before SCOTUS), he is pro partial birth abortion, and pro single payer health care. so if you want a liberal democrat that likes to shoot off his mouth, please vote for trump…if you want a conservative, vote for cruz.

    Reply
  14. Laura
    Laura says:

    From what I’ve found, Cruz started the steps to renounce Canadian citizenry, but has yet to finalize it. Any one have proof he finalized?
    As far as citizenship, please read the following:
    Our Constitution is very specific about who is allowed to hold the Office of President. Many attempt to skirt around this.
    Let us examine fully what are the requirements:
    In Article II, Section 1 of the Constitution, it states:

    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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

    First we must remember:
    “The common law of England is not the common law of these States.” –George Mason
    One universal point most all early publicists agreed on was natural-born citizen must mean one who is a citizen by no act of law. If a person owes their citizenship to some act of law (naturalization for example), they cannot be considered a natural-born citizen. This leads us to defining natural-born citizen under the laws of nature – laws the founders recognized and embraced.
    Under the laws of nature, every child born requires no act of law to establish the fact the child inherits through nature his/her father’s citizenship as well as his name (or even his property) through birth. This law of nature is also recognized by law of nations. Sen. Howard said the citizenship clause under the Fourteenth Amendment was by virtue of “natural law and national law.”
    The advantages of Natural Law is competing allegiances between nations are not claimed, or at least with those nations whose custom is to not make citizens of other countries citizens without their consent. Under Sec. 1992 of U.S. Revised Statutes (1866) made clear other nation’s citizens would not be claimed: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.”
    House Report No. 784, dated June 22, 1874, stated, “The United States have not recognized a ‘double allegiance.’ By our law a citizen is bound to be ‘true and faithful’ alone to our government.” It wouldn’t be practical for the United States to claim a child as a citizen when the child’s natural country of origin equally claims him/her because doing so could leave the child with two competing legal obligations, e.g., military duty.
    Rep. John A. Bingham commenting on Section 1992 said it means “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))

    It is required that the President is to have inherited his American citizenship through his American father and not through a foreign father.

    Furthermore, United States Attorney General, George Williams, ruled in 1873 the word “jurisdiction” under the Fourteenth Amendment “must be understood to mean absolute and complete jurisdiction, such as the United States had over its citizens before the adoption of this amendment.” He added, “Political and military rights and duties do not pertain to anyone else.”

    Essentially then, “subject to the jurisdiction thereof” means the same jurisdiction the United States exercises over its own citizens, i.e., only citizens of the United States come within its operation since citizens of the United States do not owe allegiance to some other nation at the same time they do the United States.

    In 1833, in U.S. Supreme Court Justice Joseph Story’s Commentaries on the Constitution of the United States. § 1473
    “ It is indispensible too, that the president should be a natural born citizen of the United States; or a citizen at the adoption of the constitution, and for 14 years before his election. This permission of a naturalized citizen [to speak of those to who fought the Revolutionary War] to become President is an exception from the great fundamental policy of all governments, to exclude foreign influence from their executive councils and duties.”

    Under Constitutional Intent of the Natural Born Citizen Clause in Article 2.1.5, the successful US Government Attorney of later Wong Kim Ark fame shows us that the Paternal Link (that through the Father’s Status) is essential in determining who is or is NOT a United States Natural Born Citizen:
    “Birth, therefore, does not ipso facto confer citizenship, and is essential in order that a person be a native or natural born citizen of the United States, that his father be at the time of the birth of such person a citizen thereof, or in the case he be illegitimate, that his mother be a citizen thereof at the time of such birth.” – GEORGE D. COLLINS, SAN FRANCISCO, CAL.”

    Elk v. Wilkins, 112 US 94 (1884) @ 101-102 states that:
    “The main object of the opening sentence of the fourteenth amendment was …to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and OWING NO ALLEGIANCE TO ANY ALIEN POWER, should be citizens of the United States and of the state in which they reside. Slaughter-House Cases, 16 Wall. 36, 73; Strauder v. West Virginia, 100 U.S. 303, 306.”

    As for Congress winking at the Law and ignoring the Constitution regarding the Natural Born Citizenship requirement clause in the Constitution:

    Almeida-Sanchez v. United States, 413 U.S. 266 (1973) @ 272 “It is clear, of course, that no Act of Congress can authorize a violation of the Constitution.”

    Norton v. Shelby County, 118 U.S. 425 (1886) @442   “…an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.”

    Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) @ 180  “… in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned, and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank.

    Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions,
    that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.”

    U.S. Constitution, Article. VI. “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution….”

    So NO, Cruz, Rubio, Jindal, and OBAMA (the usurper of our office of Presidency!) are NOT eligible.
    All this nonsense of ‘anchor babies’ is just that- they are actually citizens of wherever their FATHER is a citizen of, according to the Law of the Land. Citizenship is always passed from the father, unless the child is illegitimate.
    At this time, proof would have to surface that Cruz had indeed renounced his Canadian citizenry, which has yet to surface. He claims he was going to, and took initial steps, but never finalized (as far as anything that has surfaced, at least). And since he was 35 at the time his father became naturalized here, it is doubtful that by proxy, as an adult- and not a child- that he inherited his status as a NATURALIZED citizen. One would think, as an adult, he had the option of applying himself- but perhaps they do allow the citizenship to still inherit to an adult offspring? In any case, IF that were so, he would still be a naturalized citizen, and the Constitution is quite clear that ONLY a Natural Born citizen may become President.
    Furthermore, Obama ALSO is not a Natural Born citizen, and therefore has usurped the Presidency and is in office illegally.
    Here’s the facts:
    Obama’s father was a citizen of British East Africa Protectorate, as of 1895 (now known as Kenya, as of 1963)- in 1920, the Protectorate changed it’s name to the Colony of Kenya, but it was still under British rule. Obama inherited his citizenship from his father, making him a citizen of the Colony of Kenya, under British rule.

    There are other candidates that also were/are trying to pull off this skulduggery:

    Neither of Marco Rubio’s parents were citizens at the time of his birth.

    (he has withdrawn, however…) Bobby Jindal’s father was a native citizen of India, arriving in the US 6 months prior to Jindal’s birth. Neither parent was a US citizen at the time of his birth.

    The key lies in where the father was a citizen of at the time of the birth of the child in question.

    Therefore, anyone not fitting the requirements must withdraw, or be removed. (that includes the usurper).

    Reply
  15. averagetalldudeinNE
    averagetalldudeinNE says:

    Rich, your arguments are completely asinine. Cruz’s mom was born and raised in Delaware. Therefore, by American law, he is a citizen. The Founding Fathers probably were not thinking about the future, when Americans were born overseas because one or both of their parents were members of the U.S. military (McCain’s dad was stationed in Panama when he was born there), Americans serving in other countries as missionaries (Romney’s dad was a missionary in Mexico when Mitt was born there), or Americans working overseas, in the case of Cruz. Enough already.

    Reply
  16. Gary Hulsey
    Gary Hulsey says:

    And as you know, Barack Hussein Obama is not a “natural born citizen.” His father was not an American citizen, rather the citizen of another country, namely Kenya. From your 1a:

    …those children naturally follow the condition of their fathers, and succeed to all their rights. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.”

    So, does the precedent set by allowance for the sitting president apply to any succeeding candidate for US president?

    Reply
    • lawrence due
      lawrence due says:

      exactly right gary hulsey. most people do not seems to understand that the reason ted cruz and marco rubio were and are running is to legitimize obama’s time in the white house. this would mean that anyone in the world could be in out white house.

      Reply
  17. Gary Hulsey
    Gary Hulsey says:

    Obama was not a US citizen because when they lived in Indonesia, all changed from whatever they were to that citizenship.
    When he attended the various colleges in the US – (at least we think he may have attended one or several colleges), he was admitted as a “Foreign Student” from Indonesia where his citizenship was. Documents prove that. Documents also prove that he never changed it. His Soc. Sec. # is that of a deceased US Citizen whose home was in Connecticut. That is also documented. Look it up, hear it from several lawyers, it’s all there.

    Reply
  18. TheTruth
    TheTruth says:

    First, in terms of Ted Cruz, I do believe he is not eligible to be president. He does not meet the criteria of being born in the United States or USA territory. The part that proves Dr. Rich Swier is unaware of actual case law or prescedent is the case of Marco Rubio. Rubio is a natural born US citizen as defined by the 14th amendment. In addition, many court cases have upheld the idea that any child born in the United States is a natural born citizen with the right to run for president. There has never been any case where someone born of immigrant parents were not considered natural born citizens. Every person in the United States besides Native Americans are either the son or daughter or the descendent of a son or daughter of an immigrant. Lynch v. Clarke a case that happened in 1844, indicated that citizens born “within the dominions and allegiance of the United States” are citizens regardless of parental citizenship. In addition, In a 2012 New York case, Strunk v. N.Y. State Board of Elections, the pro se plaintiff challenged Obama’s presence on the presidential ballot, based on his own interpretation that “natural born citizen” required the president “to have been born on United States soil and have two United States born parents.” (emphasis added) To which the Court responded, “Article II, section 1, clause 5 does not state this. No legal authority has ever stated that the Natural Born Citizen clause means what plaintiff Strunk claims it says. …. Moreover, President Obama is the sixth U.S. President to have had one or both of his parents not born on U.S. soil.” [listing Andrew Jackson, James Buchanan, Chester A. Arthur, Woodrow Wilson, and Herbert Hoover].

    Reply
  19. JB
    JB says:

    In response to all comments…. Everything in the subject column is “a matter of documented fact.” Efforts to undermine, ignore, or argue against those facts demo started just how little many Americans know about their beloved constitution, or care about “facts” when they are emotionally charged up over a lousy politician. It also demonstrates why our country is in the trouble it is in… The people want what they want, even when they shouldn’t.

    Reply
  20. lawrence due
    lawrence due says:

    1934 immigration law section h ENDS citizenship for ALL children born of foreign fathers. this happened in 1934 ted cruz was born to a foreign father in 1970. this means he has to be naturalized to serve in the senate or the white house. he is for all intents and purposes is a man without a country and should be considered a foreign spy. as well as an illegal immigrant.

    Reply
  21. Julia M Zvaners
    Julia M Zvaners says:

    Dear Dr. Swier,
    Thanks for your Article on Ted Crews Ted Cruz is NOT a Legal U.S. Citizen at all. I had come across an article a week or so ago by a woman I think was from Canada. She said that same thing you do about the Canadian Laws at the time Ted was born did not allow for Dual Citizenship. That they would have had to renounce their citizenships when they became citizens of Canada. Question is when did they actually become citizens of Canada? Another article said anyone who coOf course, iin America it woud have been easy for them to mes to Canada has to wait five years to become a citizen. Is that true? Even though wikipedia says ?Ted;s dad went to Canada in 1969 and met Ted’s mom there that would not allow them enough time. If that is so they had to have crossed the border using their just their Canadian passports, right? Anything you can help me with to NAIL THIS FRAUD WOULD BE APPRECIATED. Ted’s old neighbor in Calgary says she doesn’t think he will be President. I pray to Yahweh Elohim that she is right! By the way my grandpa and his brothers had a ranch in Alberta years ago. I am 70 and my husband 82 He is from Latvia. I was born in Monmouth, Illinois……Mom’s family been here since before the revolution. This Ted Cruz must be exposed and stopped.. Thank you so much.

    Reply

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  1. […] Cruz not citizen at birth. http://www.examiner.com/article/proo…tizen-at-birth Dr. Swier http://drrichswier.com/2016/02/07/te…itizen-at-all/ Cruz was born ON Canadian soil, so Canadian law, which disallows dual citizenship, dictates that […]

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