Canadian born Rafael Edward Cruz, son of a non-US citizen (Cuban father). US President 2016?

US Senator-elect Ted Cruz (R-TX), whose real name is Rafael Edward Cruz, was born on December 22, 1970 in Calgary, Canada.

Cruz was four years old before he moved, with his parents, to the United States of America.  Unlike our de facto president Barack Hussein Obama II who probably only spent a number of days in Kenya before coming to the USA Cruz spent at least the first four (4) years of his life in Canada.

Cruz’s father, Rafael Cruz, was a Cuban immigrant in the United States of American during the Cuban Revolution.  He came to the USA in 1957 to study at the University of Texas.  However, it wasn’t until 2005 that he became a US citizen.

It appears that Cruz’s mother, Eleanor Darragh, was born in Delaware.  If readers of this blog have information to contrary please do share it with us in comments section below.

Is Cruz eligible to serve as President of the United States of America?   Speculation that Cruz is gearing up for a 2016 run is, and has been, developing ever since Cruz won the 2012 US Senate election and notably more so now after an October 29, 2012 speech given by Cruz in Washington, DC at the American Principles Project in which Cruz introduced a concept which he calls “Opportunity Conservatism”.

A political science professor, Brandon Rottinghaus, of the University of Houston, has weighed in regarding Cruz and the Natural Born Citizen clause saying that the sticking point comes from what the definition of a “natural born citizen” is, and whether Cruz’s Canadian birthplace is addressed by the law. “Natural born citizenship is not defined in the US Constitution,” Rottinghaus said. “The reason they didn’t is not totally clear.” Rottinghaus says that the writers of the US Constitution probably meant to include both people born on U.S. soil and those born to citizens, but ultimately left the decision to be made by the states.

UCLA law professor Eugene Volokh also weighed in citing The Nationality Act of 1940 which outlined which children became “nationals and citizens of the United States at birth.” The law stated that a person is a U.S. citizen if he or she were born in United States; born outside the U.S. to parents who were both citizens; found in the United States without parents and no proof of birth elsewhere; or if a person has been born to one American parent, provided that parent has spent a certain number of years in the United States.

Professor Volokh says that the “single-American parent requirement” has been amended a few times.   As it applies to people born between 1952 and 1986, they must have a parent who was a U.S. citizen for at least 10 years, including five after the age of 14, in order for the baby to be considered a natural-born citizen.

It should be noted here that professor Volokh calls himself a friend of Cruz and has known him since the 1990s.  It should also be noted here that in 2008 Volokh wrote about Barack Obama and came to the same conclusion regarding eligibility.

Peter J. Spiro, who holds the Charles Weiner Chair in international law, at Temple University says that, “Ted Cruz didn’t naturalize. He was natural at birth.”

Professor Spiro also says its possible that a person could challenge that the laws granting citizenship at birth do not define what it is to be a natural-born citizen. In fact, the phrase “natural-born citizen” is only used once in the U.S. Code — in Article 2 of the Constitution. Such a challenge would be unlikely to change the current definitions, however, Spiro says.

If you ask me, Lucas D. Smith, it appears that Rafael Edward Cruz’s birth account is reciprocal with, mirrors or at very least is much like Barack Hussein Obama’s.    One notable dissimilarity is that Cruz spent at least the first four (4) years of his life outside of the United States of America (in Canada) while Obama probably only spent a number of days after his birth (in Kenya) before coming to United States of America.

Is political science professor Brandon Rottinghaus (University of Houston) correct in taking the position that the writers of the US Constitution ultimately (because they didn’t define it in the Constitution) left the decision of determining who is, and isn’t, a natural born citizen, to be made by the states?

In the summer/fall of 201o I (Lucas) participated in several telephonic discussions with the office of then Congressman John Tanner (D-TN).   Tanner’s office stated, hypothetically, that if Barack Hussein Obama II was indeed born abroad (outside of the USA), to at least one US citizen parent, his US citizen parent would have to apply for (via application) his US citizenship.  Tanner’s office went on to state that if the US citizen parent DID NOT make an application for citizenship before Barack Obama turned age 18 that it would then become the responsibility of Barack Obama himself to file an application for US Citizenship.  Either scenario (parent application or self application) would make Barack Obama a “natural born citizen”, according to Tanner’s office.

Did the US citizen mother of Rafael Edward Cruz make application for her son’s US citizenship when she moved her son to the USA more than four (4) years after his birth?   If not, did Cruz himself at any point after turning age 18 make the application for US citizenship?

In closing I will add that I if Cruz does decide to run for President 2016 I would like, and demand, to see his birth certificate.

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so and thank you.

About Lucas Daniel Smith

"The children now love luxury; they have bad manners, contempt for authority; they show disrespect for elders and love chatter in place of exercise. Children are now tyrants, not the servants of their households. They no longer rise when elders enter the room. They contradict their parents, chatter before company, gobble up dainties at the table, cross their legs, and tyrannize their teachers."
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16 Responses to Canadian born Rafael Edward Cruz, son of a non-US citizen (Cuban father). US President 2016?

  1. Bruce says:

    CONFUSION REIGNS SUPREME REGARDING THE PROPER DEFINITION FOR ‘NATURAL BORN CITIZEN’

    From above:

    (1)“Speculation that Cruz is gearing up for a 2016 run is, and has been, developing ever since Cruz won the 2012 US Senate election and notably more so now after an October 29, 2012 speech given by Cruz in Washington, DC at the American Principles Project …”

    (2)“If you ask me, Lucas D. Smith, it appears that Rafael Edward Cruz’s birth account is reciprocal with, mirrors or at very least is much like Barack Hussein Obama’s. One notable dissimilarity is that Cruz spent at least the first four (4) years of his life outside of the United States of America (in Canada) while Obama probably only spent a number of days after his birth (in Kenya) before coming to United States of America.”

    (3) “Tanner’s office stated, hypothetically, that if Barack Hussein Obama II was indeed born abroad (outside of the USA), to at least one US citizen parent, his US citizen parent would have to apply for (via application) his US citizenship. Tanner’s office went on to state that if the US citizen parent DID NOT make an application for citizenship before Barack Obama turned age 18 that it would then become the responsibility of Barack Obama himself to file an application for US Citizenship. Either scenario (parent application or self application) would make Barack Obama a “natural born citizen”, according to Tanner’s office.”

    (4) “Natural born citizenship is not defined in the US Constitution,” Rottinghaus said. “The reason they didn’t is not totally clear.” Rottinghaus says that the writers of the US Constitution probably meant to include both people born on U.S. soil and those born to citizens, but ultimately left the decision to be made by the states.”
    ———————————
    What a mess!

    The U.S. Constitution proscribes a separation of BALANCED powers in our federal government. As I understand the situation, the drafters of the document intended for SCOTUS, at the apex of the judicial branch, to render ultimate judgements regarding interpretations of laws, especially including the Constitution itself.

    The original intent of the ‘Natural Born Citizen’ clause regarding POTUS eligibility is SCREAMING now for an timely statement from SCOTUS, but it appears that SCOTUS may be compromised and therefore untrustworthy. What to do?

    But then I remember, the Executive and Legislative branches are ALSO compromised and untrustworthy.

    Thus, there’s really no need for worry, the BALANCE of powers in our federal government remains intact! LOL – Extreme Sarc!

    Again – WHAT A MESS!

  2. Most authorities would say that Cruz is eligible. I have certainly gone back and forth on the question of eligibility for foreign-born US citizens at birth.

    I think two pieces of legislation, one British and one American shed light on the subject.

    First is the British Nationality Act of 1730:

    …the Children of all natural-born Subjects, born out of the Ligeance of her said late Majesty, her Heirs and Successors, should be deemed, adjudged and taken to be natural-born Subjects of this Kingdom to all Intents, Constructions and Purposes whatsoever…

    The second is the Nationality Act of 1790 (US):

    … And 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: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, That no person heretofore proscribed by any State, shall be admitted a citizen as aforesaid, except by an act: of the Legislature of the State in which such person was proscribed.

    In both instances persons who were subjects/citizens at birth were considered natural born citizens.

  3. k121 says:

    Both President Obama and Senator Cruz were subject to the same rules governing children born to a citizen and an alien. They are:

    For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true (except if born out-of-wedlock):
    1.The person’s parents were married at the time of birth
    2.One of the person’s parents was a U.S. citizen when the person was born
    3.The citizen parent lived at least ten years in the United States before the child’s birth;
    4.A minimum of 5 of these 10 years in the United States were after the citizen parent’s 14th birthday.

    Had President Obama been born outside the United States, he would not have been a citizen at birth because his mother did not meet item 4 listed above. She was not quite nineteen when she gave birth to him, so she had not spent five years in the U.S. after her 14th birthday since she had not yet lived five years after her fourteenth birthday. In contrast, Senator Cruz’s mother met all four conditions at the time she gave birth, so Senator Cruz was a U.S. citizen at birth, and where he was born would be irrelevant in determining his U.S. citizenship at birth, unlike President Obama.

    Now whether such a U.S. citizen at birth is or is not also a “natural-born citizen of the U.S.” is a different question which I will not address, since there is no solid precedent on the issue.

  4. Bruce says:

    Free Republic is running a thread titled, ‘Ted Cruz draws presidential buzz, but is he eligible?‘, which was started 1/8/2013 by ‘Seizethecarp’

    View the complete Free Republic thread at:

    http://www.freerepublic.com/focus/f-news/2976193/posts

    The thread references a 1/7/2013 Politico article written by David Catanese – http://www.politico.com/story/2013/01/cruz-draws-presidential-buzz-but-is-he-eligible-85873.html

    Excerpt:

    Ted Cruz may have the aura of a future presidential contender, but is he even eligible…?

    The newly sworn-in Texas senator and rising Republican star was born in Canada, to a mother who was born in Delaware and Cuban father. That’s triggered a debate about whether he’s eligible for the nation’s highest office…

    While there’s no legal precedent for Cruz’s situation, most constitutional scholars surveyed by POLITICO believe the 42-year-old tea party sensation would be OK.

    “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.

    Advisers to Cruz — a Harvard Law-educated appellate lawyer who has argued dozens of cases before the U.S. Supreme Court and knows a thing or two about constitutional law — say that because his mother had U.S. citizenship at the time of his birth, it transferred to him on foreign soil.

    Temple University law professor Peter Spiro said Cruz has a “very strong argument” that he is indeed natural born.

    While the 14th Amendment to the Constitution grants citizenship to anyone born inside the U.S., children born to American citizens outside the country attain citizenship through a law passed by Congress, according to Spiro.

    “He’s a birthright citizen but his birthright citizenship derives from his parents, and the question is, does that fit with the definition of natural born citizen?” added University of Pennsylvania law professor Kermit Roosevelt. “I think it does.”

    Chin, who authored a lengthy analysis on McCain’s citizenship, agreed that Cruz most likely is eligible.

    Even though only Cruz’s mother was a citizen, there shouldn’t be a problem because it appears she had lived in the United States for at least 10 years, Chin said.

  5. NoGuff says:

    The reason the Framers didn’t define “natural born citizen” in the Constitution is because they all knew what it meant, and didn’t realize their descendants would be total morons who had to re-learn every little thing, like what “natural born citizen” means or what “shall not be infringed” means.

  6. Bruce says:

    NoGuff wrote:

    The reason the Framers didn’t define “natural born citizen” in the Constitution is because they all knew what it meant, and didn’t realize their descendants would be total morons who had to re-learn every little thing, like what “natural born citizen” means or what “shall not be infringed” means.

    Well stated!

    I believe Senator Ted Cruz is ineligible for POTUS for virtually the same reason that BHO-II has always been ineligible.

    Cruz was born in Canada, with an American citizen mother and a non-citizen father at the time of his birth. Obama was born in Kenya, with exactly the same mother/father citizenship status that Cruz had at birth.

    American citizen, Frank Marshall Davis, may be Obama’s real bio-father, but his ‘declared-father’, both on his fraudulent Hawaiian BC and his authentic Kenyan BC is the British subject, Barack Hussein Obama Senior.

    I believe the establishment has been pushing Cruz hard for serious consideration as a future POTUS candidate in an attempt to provide ‘cover’ and ‘legitimacy’ for non-NBC, illegal POTUS, Obama.

    Fortunately, it appears that Cruz may finally be starting to ‘hedge’ a bit regarding his own eligibility for POTUS.

    http://obamareleaseyourrecords.blogspot.com/2013/07/abc-news-goes-birther-canadian-born.html

  7. AMERICAN ADVOCATE says:

    AMERICAN ADVOCATE wrote:

    @ Bruce:
    HEY BRUCE , YOU ARE A MAN WHO APPRECIATES THE FINER THINGS IN LIFE AND GREAT MUSICAL PERFORMANCES . YOU MIGHT BE INTERESTED TO VIEW MY ebay LISTINGS FOR AUTOGRAPHED C D RECORDINGS OF WINTON MARSALIS , CLAUDE BOLLING , KIRI Te KANAWA , CECILIA BARTOLI ,
    SAMUEL RAMEY , DMITRI HVOROSTOVSY , YMA SUMAC & ANNE MURRAY . THIS POSTING GOT MESSED UP AND I HAD TO SCOOT AROUND TO
    COMPLETE IT .

  8. AMERICAN ADVOCATE says:

    @ Bruce:
    TED CRUZ WAS BORN IN CANADA , SO HE IS ABSOLUTELY INELIGIBLE FOR THE OFFICE OF U .S . PRESIDENT . IT DOES NOT SEEM TO MATTER TO HIM , MARCO RUBIO AND BOBBY JINDAL , OR MANY OTHER ‘ RESIDENTS ‘ OF AMERICA , BUT IT DAMN SURE MATTERS TO THE TRUE PATRIOTS WHO BELIEVE IN, SUPPORT AND DEFEND THE CONSTITUTION . THESE FOOLS THINK THAT BECAUSE A VERY BAD PRECEDENT HAS BEEN SET BY ALLOWING THE USURPER obummer TO ” OCCUPY ” OUR OVAL ,OFFICE AND WHITEHOUSE
    THAT ANYBODY CAN ” GET ON THE BAND WAGON ” AND VIOLATE ALL THAT IS SACRED TO AMERICAN PATRIOTS . TO HELL WITH THEM AND
    JOHN McSTUPID TOO .

  9. Bruce says:

    AMERICAN ADVOCATE wrote:

    @ Bruce:
    … THESE FOOLS THINK THAT BECAUSE A VERY BAD PRECEDENT HAS BEEN SET BY ALLOWING THE USURPER obummer TO ” OCCUPY ” OUR OVAL OFFICE AND WHITEHOUSE THAT ANYBODY CAN ” GET ON THE BAND WAGON ” AND VIOLATE ALL THAT IS SACRED TO AMERICAN PATRIOTS ….

    I hope that the ‘Obama Fraud Investigation’ updates we have been periodically receiving from Carl Gallups and Mike Zullo will ultimately culminate in some positive legal ACTION being taken against Obama by a sizable group of newly informed, organized, influential members of Congress!

    THAT end result alone, I believe, is all that has a real chance of saving us now from the likes of Cruz, Rubio, Jindal, and any other NBC-ineligible POTUS wannabe!

  10. Bruce says:

    AMERICAN ADVOCATE wrote:

    @ Bruce:
    … YOU MIGHT BE INTERESTED TO VIEW MY ebay LISTINGS FOR AUTOGRAPHED C D RECORDINGS …

    Sounds like you have quite an interesting and extensive CD collection. How can we best view your listings on eBay?

    – Your eBay Seller’s User ID for example?

  11. AMERICAN ADVOCATE says:

    @ Bruce:
    TRY THIS : tapp9185 OR SEARCH FOR music/autographs

  12. Bruce says:

    @ AMERICAN ADVOCATE:

    The ‘tapp9185′ eBay User ID reference worked great. Thanks!

    http://www.ebay.com/sch/tapp9185/m.html?_ipg=50&_sop=12&_rdc=1

    The ‘The Young Kiri’ (Kiri Te Kanawa) Autographed CD seemed especially enticing and interesting.

    http://www.ebay.com/itm/KIRI-TE-KANAWA-AUTOGRAPHED-C-D-/161072363434?pt=LH_DefaultDomain_0&hash=item2580a937aa

    In fact, after viewing the item, I was inspired to track down a very nice and quite unusual Kiri video, which I posted over on the Forum at –

    http://www.wasobamaborninkenya.com/InspectorSmith/showthread.php/5149-Dame-Kiri-Te-Kanawa-sings-quot-Autumn-Leaves-quot-amp-quot-It-Never-Was-You-quot

  13. AMERICAN ADVOCATE says:

    @ Bruce:
    THERE ARE OTHERS WORKING ON THE FRAUD INVESTIGATION OF obummer . ATTORNEY LARRY KLAYMAN IS THE MAN RESPONSIBLE FOR IMPEACHMENT PROCEEDINGS AGAINST ‘ SLICK WILLIE ‘ CLINTON , AND HE IS PURSUING THE SAME AGAINST THE WORST FRAUD IN THE HISTORY OF AMERICA . WE HAVE NOT HEARD RECENTLY FROM ATTORNEYS LEO DONOFRIO , MARIO APUZZO . OR PHILLIP BERG . MY email INBOX RECEIVES INFO EVERY DAY ABOUT SEVERAL EFFORTS TO EXPOSE AND EVICT THE USURPER obozo .

  14. Kapt Blasto says:

    Maybe all this “where were you born” talk would subside, if you just drafted a Native American –an Indian– to run for the President’s office.

    But, you won’t do that, will you?

  15. Rambo Ike says:

    @ Kapt Blasto:

    Did you have a particular indian in mind?

    Charles Curtis, President Hoover’s vice-President (1929-1933), was of predominantly indian ancestry.

    Almost all who have served the office of the presidency have been native Americans. The native status of Obama, the Kenyan Wonderboy, hasn’t been resolved. He is hiding his original records to keep people from finding out.

  16. Tony Moosey says:

    Senator Rafael Edward “Ted” Cruz’ birth certificate shows that his mother was born in Delaware. Cruz’ bio states that his mother was born and raised in DE. She graduated from St. Joseph’s Academy, Baton Rouge, LA in 1952. I would like to see his mother’s hard copy birth certificate and admission documents on file at St. Joseph’s. It has been reported that Cruz relinquished his Canadian citizenship, but I have reasons not to believe that.

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