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January 2016 AD


Ted Cruz

Not Natural Born



Cruz’s father, Rafael Bienvenido Cruz,
has confirmed taking Canadian citizenship.

-- Thus answering the question of Ted Cruz's citizenship


The article below had just shot itself in the foot, but then quickly changes the subject to falsely defend Ted Cruz's right to be President of the United States upon the citizenship of Ted's mother, even if his mother was a Canadian.

Immigration attorney Joshua Goldstein
told Breitbart News that
Ted Cruz would still be a natural-born citizen,
and eligible for the presidency,
even if his mother had taken Canadian citizenship,
whether before or after his birth.


There you have it.

A JEWISH lawyer who removes all meaning to the Constitutional term "natural born citizen found in the Constitution.

Per Jewish Lawyer Joshua Goldstein:
  1.   You don't have to have a father who is a citizen.
  1.   You don't have to have a mother who is a citizen.
  1.   And you don't even have to be born in the United States.
  1.   And therefore, you fit the mold of Constitutional natural born citizen
The entire world then is, not just a naturalized citizen, not just a regular citizen, but  a natural born citizen of the United States.

Wow, how can we constitutionally not allow American citizens from Syria to come home to America?

(For the reason why a Jewish lawyer is supporting Ted Cruz, see HERE and HERE)

Let's get this straight right away: 

Reality Check #1
The Founding Fathers did not consider women

to be sovereigns of this country at all
or even full citizens

Proof?   Women could not vote.

For Ted Cruz, with his American mother, this is critical.

American revolutionary ideals were that the King was no longer the sole sovereign, but the people would now be the sovereigns of this country.

But let's be precise here, for everyone knows the Founding Fathers did not bestow that sovereign state of being upon every man in America, let alone women.

Reality Check #2
The Founding Fathers did not consider
all men to be sovereigns or citizens of this country


Proof:  The mention of slavery in the Constitution.

This has implications for Ted's father.

We know American men fought for freedom and those American men thereafter wrote the Constitution, but we need to know how they felt about women in order to understand Ted Cruz's citizenship.

Contrary to what you may want to believe, those radical ideas were not as radical as they are today, because the American Founding Fathers only considered men, as head of their households, to be the sovereign with the wife and his minor children, and yes, his slaves, to all be his subjects.

The husband and the father was king of his castle, and with his vote in this Republic, he represented the interests of his subjects -- his wife and minor children.

In the eyes of the Founding Father, Ted Cruz's mother was never a sovereign and could not, by herself, confer sovereign citizenship upon Ted, ESPECIALLY since she chose to birth him in a foreign country, Canada.

Only the father could confer citizenship upon the children.

And yet, it is critical to note that in the eyes of the Founding Fathers, the Cuban father of Ted Cruz, who had seeked and then became a citizen of Canada, not a citizen of the United States, would have conferred Cuban citizenship upon Ted Cruz, since he was from Cuba, and possibly, with the Canadian naturalized citizenship, Ted Cruz could have been conferred a dual citizenship upon native birth in Canada.

No way, Ted Cruz has a triple citizenship to include the United States.

It is well established in the Common Law, followed by the Founding Fathers, that citizenship is conferred upon children from the father, NOT the mother.

In all common law countries,
it has always and consistently been held,
that the wife and the minor children
take the nationality of the husband and the father

-- Undisputed case law,
-- 1926 District Court for Southern California


Ted Cruz could be either Canadian or Cuban, but he could not claim to be American at birth.

Hard to imagine all the Republicans who once dissed Obama's natural born status, now defend Ted Cruz, whose situation is exactly the same.

Are Republicans really going to allow American sovereignty to get swindled AGAIN :
  •   Both Cruz and Obama have American mothers -- so what! -- said Founders
  •   Both Cruz and Obama have foreign fathers
  •   Both Cruz and Obama were born outside the United States.
  •   Both Cruz and Obama are therefore -- NOT natural born citizens

Refer to USCA Title 8, section 1452.

A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of ...
may apply to the Attorney General for a certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the applicant is a citizen, and that the applicant’s alleged citizenship was derived as claimed, or acquired, as the case may be, and upon taking and subscribing before a member of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, such individual shall be furnished by the Attorney General with a certificate of citizenship,
but only if such individual is at the time within the United States.

Even existing federal law on the books TODAY, as you can see above, talk about wives gaining citizenship from their husbands, (but only if they ALSO are deemed to have  allegiance, not just to the husband they chose to marry, but also to the land, by their choosing to live in this country)

Important to note that this does not work the other way around. 

Foreign men cannot gain derivative citizenship to the United States upon marrying an American woman, even if they live here.

For Ted this is crucial, because the Founding Fathers were more likely to believe that a soon-to-be-married woman was leaving her home (The United States) to become one with her husband in his home (A foreign country), this taking his foreign citizenship.  And their children would then be foreigners, not even "citizen", and certainly, the Founding Fathers would all agree that the children of this union would not meet the even tougher standard of "natural born citizen"

Just to be sure here....

For wives, the common law on DERIVATIVE CITIZENSHIP establishes two criteria for that citizenship to be derived :

Derivative Citizenship Rules for Women
  •   Marriage to an American male citizen  (had to add male because Founders did not recognize lesbian marriage then either)
  •   Domicile in the United States.

In the Founding father's time, an American girl who had married a foreigner would have lost her American citizenship, because she would have been presumed to have taken the citizenship of her husband, ESPECIALLY, if she had left the United States and lived with her foreign husband in another foreign country.

Proof:   The repeal of the Cable Act of September 22, 1922 was forced upon Congress because  feminists of the Roaring 20's did not like the part of the law which stripped American women of their citizenship when they married a foreigner, EVEN in this tougher law, when she was still living in the United States.  Feminists considered this to be barbaric.

Feminists still consider the Founding Fathers to be barbaric even today.

Ted Cruz is not eligible to be President of the United States.

He was naturalized AFTER he was born, but he was not naturalized AT birth; hence, the entire meaning of the phrase "natural born citizen".

But from Ted Cruz's staunch defense of the interests of the foreign country of Israel, they may take Ted Cruz as their fearless leader:

Calgary list of electors for Canada’s federal election of July 8, 1974.

Ted Cruz’s parents are listed as “Cruz, Eleanor, Mrs.” and “Cruz, Raphael, self employed,” both at 920 Riverdale Avenue, South West in Calgary, Alberta.

Canadian law restricts (and restricted) federal voting rights to Canadian citizens.

In a statement to Breitbart News—the full text of which follows this article—Jason Johnson, chief strategist for Cruz for President, said that “the document itself does not purport to be a list of ‘registered Canadian voters.’ All this might conceivably establish is that this list of individuals (maybe) lived at the given addresses. It says nothing about who was a citizen eligible to vote.”

Johnson added: “Eleanor was never a citizen of Canada, and she could not have been under the facts or the law. In short, she did not live in Canada long enough to be a Canadian citizen by the time Cruz was born in 1970: Canadian law required 5 years of permanent residence, and she moved to Canada in December 1967—only 3 years before Senator Cruz’s birth.”

The document is a “preliminary list of electors,” and not a record of those who actually voted. Such lists were also prone to error, according to Breitbart News sources.


At the time, voters’ lists in Canada were compiled through “enumeration” by registrars going door-to-door.

According to Elections Canada–the independent, non-partisan agency that runs Canadian elections–“voters were sent a copy of the list showing the name, address and occupation of all voters in the relevant poll.”

Mistakes were frequent (i.e. “Raphael” instead of “Rafael”), and voters were given the opportunity to fix errors.

Ezra Levant, a Canadian conservative journalist who was born and raised in Calgary, recalled the process of enumeration.

“It was like a census… they were very quick and non-obtrusive visits, someone standing in your doorstep,” he told Breitbart News via e-mail. “They certainly didn’t ask for ID.

“It is not surprising to me that there may be a spelling error in someone’s name. A name appearing on the list would not necessarily indicate that they were a citizen, or that they themselves had even spoken to the enumerator—someone else in the household may have spoken for them,” Levant added.

Cruz’s father, Rafael Bienvenido Cruz, has confirmed taking Canadian citizenship.

The Cruz campaign told Breitbart News on Friday that Cruz’s American-born mother, Eleanor Elizabeth Wilson (née Darragh), had never done so.

“She was in Canada on a work permit and never became a permanent resident, let alone a citizen,” Johnson said.

“She never registered to vote and never applied for Canadian citizenship.”

Canadian immigration authorities declined a request by Breitbart News for additional documents, citing Canadian privacy laws.

Under U.S. law, Cruz would have inherited his citizenship at birth in 1970 from his mother, provided she remained a U.S. citizen. She likely would have retained her U.S. citizenship even if she had become a naturalized Canadian citizen, though Canadian law required naturalized citizens formally to renounce all foreign allegiances until 1973.

The home at which Ted Cruz’s parents were listed by registrars is different from the home in which they lived when he was born.

Breitbart News spoke to the current homeowner at the Riverdale Avenue address, who said that the home, built in 1960, had two previous owners, neither of which was the Cruz family.

At the time of Ted Cruz’s birth, the Cruz family had lived in what the National Post has described as a “stucco-walled, Spanish-colonial-style Calgary home” near the Foothills Medical Centre, roughly six miles northwest of the Riverdale Avenue home.

Journalist Gillian Steward, who socialized with the Cruz family at the time, told Breitbart News that the Cruz family had rented the home near the hospital.

“I knew that she was an American and he was Cuban,” she said of Ted Cruz’s parents, noting that it was common for foreigners to be in town without becoming citizens, especially working in the oil industry.

She said she knew them well for “about a year” around the time when Ted Cruz was born, when she also had a daughter, but lost touch after that.

In his recent book, A Time for Truth: Reigniting the Promise of America, Sen. Cruz writes that his parents met through work and moved to Canada together:

“After meeting each other at Geocom in New Orleans, my parents had moved to Canada to continue working in the oil and gas industry. They formed their own seismic data processing company to help oil companies search for new reserves. They were both mathematicians and computer programmers, and together they wrote the proprietary software for their business. The name of the company was R.B. Cruz and Associates.” (p. 30)

Sen. Cruz adds (p.31) that he remembers little else from his childhood in Calgary, though his parents were drinking heavily, and his father “left my mother and me in December 1974.”

The elder Cruz had a religious awakening in Houston the following year and returned to his family: “Shortly thereafter they sold their business in Calgary [in 1975] and moved us down to Houston, where my mother also became a born-again Christian. Both of them quit drinking, and their lives were transformed.” (p. 32)

Steward told Breitbart News that it was unusual for Americans working in the country to seek Canadian citizenship.

She said she knew many Americans who have “been here a long, long time” without seeking Canadian citizenship, apparently for fear of compromising their American citizenship.

In 2013, Steward recalled her relationship with the Cruz family in an article in the Toronto Star, writing that “Eleanor was very much a reserved east coast American who never seemed really at home in Calgary.”

“It seems kind of weird that they would want to vote,” she told Breitbart News. “I don’t remember a lot of political discussions or anything like that.”

“Most Americans who come to work here—they’re just not that interested in local politics because it doesn’t mean anything to them. It doesn’t change their life.”

Immigration attorney Joshua Goldstein told Breitbart News that Ted Cruz would still be a natural-born citizen, and eligible for the presidency, even if his mother had taken Canadian citizenship, whether before or after his birth.

“She could vote in Canada, and it wouldn’t affect her U.S. citizenship,” he added.

“The fact that his mother might have been Canadian at birth, as well as American at birth, would be irrelevant.”

***

The Cruz campaign offered the following statement exclusively to Breitbart News, presented in full (original emphasis):


Eleanor was never a citizen of Canada, and she could not have been under the facts or the law. In short, she did not live in Canada long enough to be a Canadian citizen by the time Cruz was born in 1970: Canadian law required 5 years of permanent residence, and she moved to Canada in December 1967—only 3 years before Senator Cruz’s birth. Nothing in the document you sent shows anything to the contrary.

First, the document itself does not purport to be a list of “registered Canadian voters.” All this might conceivably establish is that this list of individuals (maybe) lived at the given addresses. It says nothing about who was a citizen eligible to vote.

The document itself states that it is a “preliminary list of electors” subject to “corrections in, deletions from and additions to the said preliminary list.”

And corrections, deletions, and additions were commonplace because of the informal process by which names were gathered: As the document makes clear, names were “enumerated during a recent house to house visitation . . . by a pair of urban enumerators.” In other words, clerical staff would go door-to-door and collect names and addresses—even if people weren’t home, and even if they weren’t citizens of Canada.

Second, the document is from 1974. That is four years after Senator Cruz was born, so even if this document said anything about citizenship—and it does not—it would be irrelevant to the citizenship status of his mother at the time of his birth, which is the only relevant status for determining Cruz’s natural-born citizenship.

Third, Eleanor was never a citizen of Canada; she never applied for Canadian citizenship or permanent residence.  Instead, she spent her time in Canada under a work permit.

Fourth, even if Eleanor had wanted to become a citizen of Canada, she could not have become a citizen by the time of Cruz’s birth in 1970 because she had not lived in Canada for long enough. Under Canadian law (see attached statute), a person may apply to become a citizen if they (a) are a permanent resident and (b) have “resided in Canada for at least five of the eight years immediately preceding the date of the application.”

Eleanor never became a permanent resident. Eleanor had lived in Canada for only three years by the time Cruz was born (from 1967 to 1970). Note that Cruz’s father, Rafael did become a Canadian citizen in 1973; Eleanor never did and therefore could never have registered to vote.

Regardless of Canadian law, under U.S. law—which is ultimately all that matters—you do not give up U.S. citizenship without the express intent to do so. Eleanor never gave up her U.S. citizenship and the U.S. government has always recognized her as a U.S. citizen, since her birth in Delaware.

Finally, top constitutional lawyers in the country under Presidents Obama (Neal Katyal) and Bush (Paul Clement) conclusively agree that “[d]espite the happenstance of birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a ‘natural born Citizen’ within the meaning of the Constitution” because he was born of an American-citizen mother.

There is no question that Eleanor was born in Delaware as an American citizen.

And as described above, Eleanor never relinquished her citizenship, so she was a U.S. citizen when Senator Cruz was born, and he is a natural-born citizen under the Constitution.






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You can read further at Guide to "Checks and Balances"
You can read further at The Solution
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