The Truth About "natural born Citizen"

Essay by Dave Gray, March 11, 2016
Updated April 27, 2016

I took an oath in 1976 to support and defend the Constitution of the United States of America. I still stand by it today. At this point in time, I do not intend to vote for a candidate that may not be a “natural born Citizen” because of my oath. I’m very concerned that if we as nation of voters avoid getting the facts and historical truth on Article II, we will continue the burning of the Constitution that Obama has started.

I implore all voters to investigate and not trust just a few media reports. I strongly believe that the SCOTUS must provide a ruling on this matter before the election on November 8th, especially if Cruz becomes the nominee.

Here are eight articles, three by lawyers, one by a judge, three by professors of constitutional law, and one by an author, educator and publisher. There’s more than enough info here backed up with references to cast doubt.

Presidential Eligibility (Constitution Society)

Explained: Natural Born Citizen & Naturalized Citizen

Constitutional history shows Cruz ineligible for White House

Ted Cruz's old law professor says he shouldn't be eligible for president

The ‘Natural Born Citizen’ Issue & American Presidents

Ted Cruz Isn't a 'Natural Born' Citizen

Is Ted Cruz a 'natural born Citizen'? Not if you're a constitutional originalist.

We’re All Ruth Bader Ginsburg Now

Beware of purposefully misleading articles

When searching information on Cruz’s eligibility, articles like these can be found:

On the Meaning of “Natural Born Citizen”

Yes, Ted Cruz is a ‘natural born citizen’

Why Ted Cruz is eligible to be president

The above articles, and many more like them, have one thing in common. They cite the 1790 Naturalization Act as the premise to Cruz’s qualification to be President.

Here’s the problem with that. The Naturalization Act of 1790 was repealed and replaced in 1795. Here are excerpts showing the differences:

1790 Naturalization Act:
"..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..."

1795 Naturalization Act:
"...the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States..."

Congress realized their mistake that the 1790 Naturalization Act overstepped the bounds of Article II.

Electoral Board Rulings

So far, those who have challenged Cruz’s eligibility have been denied.

These boards can do whatever they want to. They are not federal courts of law. No electoral board will deny a candidate’s eligibility based on birth. They don’t want to deal with the legal aftermath.

The Courts

New York: “Acting State Supreme Court Justice David A. Weinstein declined to weigh the eligibility question, instead ruling against Gallo and Korman on procedural grounds for failing to file their complaint in time.”

Illinois: “Circuit Court Judge Maureen Ward Kirby agreed with Cruz’s lawyers that the senator had not properly been notified of the suit against him and threw out the case – meaning she did not rule on the eligibility question at all.”

Florida: “Broward County Circuit Court Judge John Bowman dismissed the case on procedural grounds…” “Bowman did not rule on the issue of either Cruz’s or Rubio’s eligibility.”

Arkansas: Case simply dismissed without making any kind of ruling of Cruz's eligibility.

Texas: U.S. District Judge Gray Miller dismissed the case Wednesday in Houston, saying the plaintiff, Newton Schwartz, an attorney who represented himself, lacked standing. Court document

Utah: “Here, Mr. Wagner does not allege any particularized harm resulting from Senator Cruz’s campaign. Rather, Mr. Wagner only contends that he is ‘a citizen of Utah, registered to vote in Utah, and a long-time resident in Utah.’ Because he is ‘an organ of the State,’ Mr. Wagner argues ‘he has standing to insure that the Utah election process is not cluttered with defendant Cruz and his false claims.’ Yet these alleged harms are only based on Mr. Wagner’s status as a citizen. Nowhere does Mr. Wagner allege how he will be injured ‘in a personal and individual way,'” Judge Parrish wrote.

As you see above, none of these courts provided a ruling on Cruz’s Article II requirement to be a “natural born Citizen.”

The following court ruled "that a "a natural born citizen" includes any person who is a United States citizen form birth." The problem is, Cruz was a Canadian citizen at birth. Cruz has yet to produce a certified U.S. citizen birth certificate.

Pennsylvania State Court Document

SCOTUS Court Docket: As of April 27, 2016, there remains on the US Supreme Court docket a petition by Walter L. Wagner.

The bottom line

It was not until after Cruz became a Senator that he learned he had a Canadian birth certificate. That in itself is problematic. Cruz did renounce his citizenship to Canada and it was officially granted on May 14, 2014, about sixteen months after he became a Senator.

It’s simple to me. Cruz was born in Canada. He had a Canadian birth certificate. He became a US citizen by US Naturalization laws. If Cruz was a “natural born Citizen,” then he would have a birth certificate showing he was born within the boundaries of the U.S. Additionally, from the constitutional originalist point of view, as Publius Huldah pointed out, Cruz’s father was not a US citizen when he was born, therefore ruling out any possibility that he is a “natural born Citizen”.

Ted Cruz will not declare he is a “natural born Citizen” as heard in this YouTube clip.

Ultimately, this has to be settled at the Supreme Court. Until then, I’ll vote according to my oath or whatever the Holy Spirit lays on my heart.

Additional resources

Ridiculous: Breitbart News Wrongly Declares Canadian-Born Ted Cruz Eligible To Be President

The Law of Nations, by Emer de Vattel

A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789

Ted Cruz Canadian Renunciation Letter


Copyright © 2016, All rights reserved, David W. Gray