Posted on 02/09/2016 6:01:09 AM PST by zek157
Oh Oh...
There's a clean question on the table regarding dual citizenship for persons born in Canada prior to 1977 (when they changed their law to officially recognize dual nationality.)
Prior to that date, with few exceptions, you could not hold dual nationality with Canada. In other words the very act of "renouncing" Canadian Citizenship means that Cruz never held US citizenship at birth because his parents had to declare his nationality at the time he was born.
There may be exceptions that were available at the time but the law now is immaterial.
The only material fact is what the law was then, in 1970, in Canada when Cruz was born.
If his parents declared US for him then he had nothing to renounce and he has a document called a Consular Report of Birth Abroad.
This is the legal equivalent of a US Birth Certificate and Cruz either has one from the time of his birth or he does not. If he does not then he is not a US Citizen as he was never naturalized by his own admission and at birth the nation in which he was born did not recognize dual nationality.
Where is that document Cruz? Your mother's birth certificate is immaterial. What matters is whether you were declared a Canadian or US Citizen at birth and what documentation you have to prove it.
You see, in 1970 there was no "and" option.
Cruz either has that Consular Report of Birth Abroad, which is his legal proof of US Citizenship just as my Birth Certificate is mine, or he doesn't and he's not a citizen at all as his parents declared his citizenship as Canadian and the land he were born in prohibited dual nationality at the time.
If he doesn't have that document, of course, there's a little problem with the office Senator Cruz holds now, say much less his running for President.
Why did Mom sign herself as Wilson, not Cruz, on the BC?
Vance vs Terrazas 444 U.S. 252 (1980)
U.S. citizenship cannot be lost without the government proving intent to relinquish citizenship.
My understanding is that in Germany, one of your parents has to be a German citizen of German blood before you can become a German citizen, even if you were born in Germany, which is quite different in Britain.
Except that’s not quite the end of the story.
The 1790 Act was repealed and replaced in 1795 with the passage you quote from 1790 eliminated. Perhaps they did so because the 1790 Act defied the orginal intent regarding NBC.
It’s amusing to me how people who tout the 1790 Act as definitive on the subject of NBC never seem to mention that the 1790 Act was repealed in 1795 with their preferred NBC definition removed from the law.
I think you might be right. I gave birth to my oldest son in 1991 in a foreign country and right after, we went to the US embassy and they gave us an original Birth Certificate. They told us to guard it always. There would be no other copies anywhere. It has been guarded always.
My son is a dual citizen but he was an American at birth and recognized as such at the embassy.
Yes, stop the Ivy League mealy mouth lawyer bs. Where is the beef!
However, if any of them should be foolish enough to want to run for president(just kidding), they are gonna have to renounce their UK citizenship
Well election boards override judges now? Cruz could clear this up so easily and then proceed with no future threats on the issue. America doesn’t need the drama we had over Obama.
“Mom has to be a US citizen when Ted is born. Her BC doesn’t prove that.”
Wrong, As a legal document required to get either a FS-240 or US passport it satisfies that requirement.
“Also, mom and dad had to be married. Also, mom had to be a US resident for a minimum period of time before Ted was born.”
Wrong,
“Frequently Asked Questions about US Citizenship
Q: I am an unmarried mother. I am a US citizen. Does my child born abroad have a claim to US citizenship?
A: Yes, if you’ve lived for at least one ENTIRE UNINTERRUPTED year in the USA (at any time before the birth of the child).
https://americansabroad.org/issues/citizenship/citizenship-requirements-faqs/";
Cruz’s mother was born and lived in Delaware until her mid 20’s, so she meets all those requirements
This case looks similar, on that point, to the Kawakita (citizenship/treason) case.
Sorry,
I have two sitting in front of me issued in 1982 and 1984 both are clearly marked as FS-240.
Note too, even though it invokes the wrong statute, the question asserts the conclusion, "I am a US citizen."
By your logic, a person born in the US cannot renounce their citizenship. All a BC does is show the place of your birth, and that of your parents. It can;t speak to what you have done subsequent to that, and we are all free to renounce our US citizenship if we choose.
I'm not saying she did, but her BC doesn't even speak to that issue.
Also, her BC doesn't show that she lived in Delaware until her mid 20's. How could it? Yet you claim her BC proves that. Flaky logic.
Such logic elevates the lowest means of becoming a citizen, birth in a foreign country to a foreign parent - to the highest form of citizenship, NBC intended by the founders in order to become the CIC, the nation's most powerful office.
Add to that the fact that within moments of his birth, his legal representative expressly declared, "No, he is absolutely not an American citizen." and he thereafter enjoys Canadian citizenship for several decades as an adult and long after he relocates to America; but only until he decides to become our president.
Finally, is not the fact that this attorney thought it important to renounce his Canadian citizenship relevant?
Why would one need to renounce foreign citizenship if one were already an "end-of-story" NBC?
Huh?
You mean trump hadn’t told you yet?
One clue Illinois
No, in Germany in 1972, being born in Germany made you a natural born citizen of Germany. Neither my husband or I have any German blood and are both natural born American citizens.
Nonsense.
Is the heir to the Hashemite throne in Jordon a natural born American citizen?
Like Obama. I assume Cruz was American from birth, because it doesn’t seem he had any problems getting a SS number or filing a selective service form at 18. But all evidence - and lack thereof - points to Barack Obama never having actually been a citizen of the USA at all. No naturalization and no citizenship at all.
Cruz had better be able to produce a Consular Report of Birth Abroad or their could be some signifant constitutional chaos should he either win the GOP nomination or be the GOP Vice Presidential nominee.
Their is a decent chance his natural born citizenship status could be successfully challenged by the Rats in court. He could be declared a statutory citizen and not natural born - meaning he would be constitutionally ineligible for President/Vice President of the U.S.
Political reasons? Questions about your loyalty which your opponents will hammer you with throughout the campaign?
I’m not a lawyer, but my impression is that Vance vs Terrazas put in place the general requirement that a US citizen (wherever born) must explicitly renounce US citizenship in order to lose it. The State Department seems to require that a US citizen living abroad go to the US embassy or consulate to do so.
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