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To: Perdogg; LucyT; MestaMachine; C. Edmund Wright; randita; cripplecreek; allmendream; Brown Deer; ...
Sen Ted Cruz's mother was a US Citizen at the time of his birth, therefore he is nBC! He just said on Hannity he was a US Citizen at time of birth.

That is just great--because I am a strong Cruz fan.

Did he happen to give you a USCA citation which provides for how he got to be a U S Citizen at Birth?

There are two issues here: One, was he a citizen when he was born; and Two, was he a "Natural Born Citizen" within the meaning of Article II, Sec. 1 of the U S Constitution. Which issue are we talking about?

And we don't know all the facts with respect to the current hot issue which is citizen at birth.

What we do know is that he had a mother and father who were married to each other; that his mother was a U S Citizen; that his father was not a U S Citizen; and that Cruz himself was not born within the confines of the several states.

What we do not know is the exact date of his birth; the exact date of the birth of his mother; and the amount of time his mother was a resident of the United States after age 14.

The question of citizenship at birth turns on the citizenship statute in effect at the time he was born. I believe that statute provided that a person who was the son of a citizen mother, non-citizen father, is a citzen at birth only if the mother had resided in the United States for five years after the age of 14. That is in part based on an assumption about Kruz's birth date--the statutory perameters changed at various times in the 60's and 70's. The effective date for the amendments of the statute are in the USCA footnotes for anyone who chooses to look.

There are two further problems with the statute.

The consensus of the Constitutional Law Bar (per the Cornell Law Review article on the subject) is that the statute is unconstitutional because a father citizen's child would not have the same rights if the mother was not a citizen.

And, further, the Congressional Research Service opinion on the topic attempts to equate citizenship at birth with Natural Born Citizenship at Law. There are several reasons why that reasoning is faulty. But one of the principal reasons as one of the posters to which this is addressed infers above, may be that Congresses only power over citizenship is naturalization--thus if Congress seeks to make a person who is not a Natural Born Citizen a citizen at birth even though such person was born outside the geographical limits of the several states, such citizenship is by naturalization and not Natural Born.

Absent a naturalization proceeding (which has not happened in the case of Cruz) Cruz is a citizen only if the mother citizen statute is constitutional and his mother meets the statutory test to confer citizenship--and citizenship (for a term of years--I believe 9) is required to be eligible to hold the office of United States Senator. Both questionable.

Further, as to issue #2, Natural Born under Article I: Birth outside the United States resolves the issue against him.

42 posted on 03/06/2013 2:45:10 PM PST by David
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To: David
The question of citizenship at birth turns on the citizenship statute in effect at the time he was born.

We're right back to where we were years ago...what statute are you talking about? Are you talking about a statute from USC 8?

And isn't Congress' authority only related to establishing a uniform rule of naturalization?

So how can a statute written after the Constitution was written have a higher standing than the Constitution?

52 posted on 03/06/2013 3:50:38 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: David
Re: Cruz's mother:

Eleanor Darragh, Cruz’s mother, was a working-class Delaware native who studied math at Rice University. Cruz once told a tea party group that his mother refused to learn how to type, so that when men asked her to type things up for her she could say, “I would love to help you out, but I don’t know how to type. I guess you’re going to have to use me as a computer programmer instead.”


53 posted on 03/06/2013 3:55:02 PM PST by randita
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To: David; Perdogg; LucyT; Fred Nerks; null and void; justiceseeker93
Ted Cruz was born in Calgary, Alberta, on Dec. 22, 1970. His father, Rafael, born about 1940, tells of battling the oppressive Batista regime in Cuba as a teenager, being incarcerated and beaten, then coming to the Austin in 1957 on a student visa. He got a job as a dishwasher for 50 cents an hour, learned Engliash and graduated from the University of Texas with a degreee in math, then went to work at an oil exploration software company, where he met Eleanor Darragh who'd become his second wife and Ted's mother (he already had two daughters).

Eleanor was born about 1935 in Wilmington, DE to Elizabeth E. Cekine & Edward John Darragh, Jr, both natives of Delaware. Elizabeth's parents were Mary Lonergan of Ireland and Dominic Cekine of Italy. Edward's parents were Ella F. Haggerty and Edward John Darragh both natives of Pennsylvania.

Eleanor applied to Rice University after her family moved to Houston, getting a math degree in 1956 and went to work as a computer programmer at Shell Oil. The parents of Ted separated in 1974 and Rafael returned to Houston. Eleanor returned six months later. They divorced in February 1997 in Houston. Rafael became a U.S. Citizen in 2005.

62 posted on 03/06/2013 5:23:36 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: David; Brown Deer

See brown deer’s post #62, it has Cruz’s birth date but lists no marriage date for his parents.

Brown deer, do you have Cruz’s parents marriage date?

69 posted on 03/06/2013 7:08:48 PM PST by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
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