Skip to comments.CATO Institute: Yes, Ted Cruz Can be President
Posted on 08/30/2013 12:02:15 PM PDT by Jim Robinson
By Ilya Shapiro, Senior Fellow In Constitutional Sudies and Editor-In-Chief, Cato Supreme Court Review
As we head into a potential government shutdown over the funding of Obamacare, the iconoclastic junior senator from Texas love him or hate him continues to stride across the national stage. With his presidential aspirations as big as everything in his home state, by now many know what has never been a secret: Ted Cruz was born in Canada.
(Full disclosure: Im Canadian myself, with a green card. Also, Cruz has been a friend since his days representing Texas before the Supreme Court.)
But does that mean that Cruzs presidential ambitions are gummed up with maple syrup or stuck in snowdrifts altogether different from those plaguing the Iowa caucuses? Are the birthers now hoist on their own petards, having been unable to find any proof that President Obama was born outside the United States but forcing their comrade-in-boots to disqualify himself by releasing his Alberta birth certificate?
No, actually, and its not even that complicated; you just have to look up the right law. It boils down to whether Cruz is a natural born citizen of the United States, the only class of people constitutionally eligible for the presidency. (The Founding Fathers didnt want their newly independent nation to be taken over by foreigners on the sly.)
Whats a natural born citizen? The Constitution doesnt say, but the Framers understanding, combined with statutes enacted by the First Congress, indicate that the phrase means both birth abroad to American parents in a manner regulated by federal law and birth within the nations territory regardless of parental citizenship. The Supreme Court has confirmed that definition on multiple occasions in various contexts.
Theres no ideological debate here: Harvard law professor Laurence Tribe and former solicitor general Ted Olson who were on opposite sides in Bush v. Gore among other cases co-authored a memorandum in March 2008 detailing the above legal explanation in the context of John McCains eligibility. Recall that McCain lately one of Cruzs chief antagonists was born to U.S. citizen parents serving on a military base in the Panama Canal Zone.
In other words, anyone who is a citizen at birth as opposed to someone who becomes a citizen later (naturalizes) or who isnt a citizen at all can be president.
So the one remaining question is whether Ted Cruz was a citizen at birth. Thats an easy one. The Nationality Act of 1940 outlines which children become nationals and citizens of the United States at birth. In addition to those who are born in the United States or born outside the country to parents who were both citizens or, interestingly, found in the United States without parents and no proof of birth elsewhere citizenship goes to babies born to one American parent who has spent a certain number of years here.
That single-parent requirement has been amended several times, but under the law in effect between 1952 and 1986 Cruz was born in 1970 someone must have a citizen parent who resided in the United States for at least 10 years, including five after the age of 14, in order to be considered a natural-born citizen. Cruzs mother, Eleanor Darragh, was born in Delaware, lived most of her life in the United States, and gave birth to little Rafael Edward Cruz in her 30s. Q.E.D.
So why all the brouhaha about where Obama was born, given that theres no dispute that his mother, Ann Dunham, was a citizen? Because his mother was 18 when she gave birth to the future president in 1961 and so couldnt have met the 5-year-post-age-14 residency requirement. Had Obama been born a year later, it wouldnt have mattered whether that birth took place in Hawaii, Kenya, Indonesia, or anywhere else. (For those born since 1986, by the way, the single citizen parent must have only resided here for five years, at least two of which must be after the age of 14.)
In short, it may be politically advantageous for Ted Cruz to renounce his Canadian citizenship before making a run at the White House, but his eligibility for that office shouldnt be in doubt. As Tribe and Olson said about McCain and couldve said about Obama, or the Mexico-born George Romney, or the Arizona-territory-born Barry Goldwater Cruz is certainly not the hypothetical foreigner who John Jay and George Washington were concerned might usurp the role of Commander in Chief.
If Ted Cruz decides to run for the Presidency and he appears to be the strongest conservative running, I will support him to the hilt. He's one of the few conservatives in the Senate who actually has the balls to stand up for conservatism and against Obama and the GOP-e RINOs. This is a battle for the survival of America as a free nation. If we allow the democrats and the GOP-e statists to select our next opposition candidate for us, ie, Chris Christie or Jeb Bush, this nation is kaput.
We stand united or we fall. We cannot afford to destroy our best candidates or to split our conservative vote to the point that the likes of Christy or Bush gets the nod and someone like Hillary waltzes into the White House.
Supporting the "electable" Dole, McCain and Romney gave us Clinton and Obama. Supporting the crazy conservative gave us President Reagan.
I will no longer follow the argument that if I don’t vote for whatever R is on the ballot I am insuring a dim. I will no longer vote for nor send any money to any candidate that is not a true conservative. I will stay home. Revelations say that if you are not hot or cold you will be spit out. I am no longer tepid.
And Bumped again.
Reagan was an effective speaker who attracted both conservatives and Republicans. I hope Cruz is an effective speaker and if he’s not he gets started learning how to be.
Just pinged you and the Mod to a begging ZOT-ee...
Ted Cruz Ping!
That is one of Ted’s shining quality’s.
Cruz is an AWEsome speaker.
Sorry you’ve missed it.
There’s still plenty of time, Lord willing, for you to confirm it.
Cruz doesn’t have that story telling gift that the Gipper had, yet, he might be just the man to attract the same Republican and blue dog votes to get him into the White House.
Pragmatism does not make good politics.
Why dont you try listening to him now?
While I believe a person is either naturalized or natural with no other definition possible, I see it that Cruz represents my interests in America and is not phony about it, so if the liberals can have a questionable candidate in Zero we can have a known US citizen in Cruz! All this attempt at hair splitting be damned!
You have freepmail.
Well, CATO believes he’s a natural born citizen and so does Mark Levin. And so do I.
>Why dont you try listening to him now?
To tell you the truth, I don’t listen much to any politician. I read a lot...receive four conservative publications and of course FR. I am talking about the Republicans. They are the ones that want a winner and if he doesn’t impress them he won’t win the primary.
There’s only one Gipper (RR).
But as for Cruz and his range of speaking abilities, I’ll predict this: “You ain’t seen nuthin’, yet”.
I do, too. Don’t get me wrong here. I fully believe he is a natural born citizen because he didn’t need to be naturalized to achieve citizenship.
Yeah.....NBC was a completely meaningless phrase. At least, that is what everybody says now. Of course, in my younger days I thought 2+2 =4, but now 5 is ok or 6 as long as you are trying to get to the right answer.
B U M P
If you choose not to listen, your choice, your loss.
As for Republicans deciding based on how they like his speechmaking or not, the Republican Establishment is terrified of his abilities. They HATE him for his abilities because they don’t want his Conservativism to WIN.
That’s how twisted things have become.
And just so you’ll know, the same type of GOP Establishment actually hated Ronald Reagan. They tried and tried to stop him but the majority of all Americans liked him so much, the Republican E of that day could NOT stop him.
“If Ted Cruz decides to run for the Presidency and he appears to be the strongest conservative running, I will support him to the hilt.”
He doesn't get ruffled and he doesn't back down. There is no implied apology when he speak or asks some democrat pol a question. All demorat candidates today require that their opponents be defferential to them. And for some damn reason the McCains and Romneys of the party always complied. Cruz doesn't do that. He's all in, all the time. That's the hook!
I agree with this analysis and firmly believe that Senator Cruz is natural born citizen and eligible to be President. He cannot be denied a spot on the ballot unless and until someone with standing challenges his eligibility.
Should that happen, the chances of the case being heard by the Supreme Court approach zero, but if by some quirk they do, they will rule in his favor. Either way, Senator Cruz’s candidacy will drive a stake through the heart of the Vattel, Jus Solis, Assertion by Freeper post, and the other various nonsense put forward by the usual suspects. Often entertaining, though.
“In other words, anyone who is a citizen at birth as opposed to someone who becomes a citizen later (naturalizes) or who isnt a citizen at all can be president. “
Puerto Ricans are citizens at birth, and naturalized.
The ‘becomes a citizen later’ is a crook of you-know-what.
If being a citizen AT birth is all you need to be then the word natural in ‘natural born Citizen’ is unnecessary. It would have sufficed to say ‘born Citizen’.
This ‘born at citizen’ = natural born Citizen is a lie. A poor one at that.
In a Constitutional Republic - if the Constitution is ignored what is left? The answer is nothing.
Here's part of what I mean about "being an effective speaker": Reagan had probably the same amount of scare thrown at the Republicans by big media but he was able to sooth their fears. I remember being a little embarrassed at the things he had to say while doing so. To me it was borderline dishonesty but that is what you have to do. Remember, conservatives are a minority and once Cruz starts to campaign he might not seem to be the Cruz you remember all the time if he needs to attract the know-nothings.
Respectfully, you and they are wrong.
NBC is rather specific, not elastic.
Levin admitted he had not studied this in all seriousness to have an informed opinion.
NBC is defined by the Cato Institute and many others the same way Levin defines it and Ted Cruz defines it and the controlling law cited in the article defines it.
Nobody said NBC doesn’t matter. All have said it matters and is defined as, a citizen when born, as opposed to a citizen later by naturalization. And by statute is defined based on at least one parent who is an American citizen of a certain age and certain years of residency in the United States (among other possible statutory definitions), which Ted Cruz clearly meets through his mother, and which is NOT based on whether the mother gives birth while temporarily over a boundary line.
Others refuse to accept that as the legal definition and do little but ride their horse 24/7.
No need to mischaracterize us.
What specifically does the Constitution require?
A Poison Pill...
“If being a citizen AT birth is all you need to be then the word natural in natural born Citizen is unnecessary. It would have sufficed to say born Citizen.”
No, English dominates that illogical conclusion.
English says a “born citizen” is a citizen that has been born. Well, no duh. Can’t be a citizen if not born. So, one would never say, “a born citizen”.
English also says since there is a “naturalized citizen”, it is proper to distinguish between the two by using the phrase “natural born citizen”.
There is nothing more to the Constitution than that.
Respectfully, is that your considered legal opinion as a constitutional scholar/lawyer?
is WAS rather specific, not elastic.
Dozens of lower courts have ruled on this NBC issue. The SCOTUS has confimred their rulings by not hearing any appeals.
A NBC = Naturalized Citizen and vice versa.
I say BS! There is no way the original intent was to let partial foreigners be eligible. Common sense would indicate that NBC means born in the native country to citizens (plural) of that country.
FWIW, Cruz is a great conservative, and Canada is a wonderful country (as I can attest to, being a NBC of Canada).
It’s my understanding that naturalized citizens (opposed to citizens at birth) are not natural born citizens per the requirement.
No, its not “settled science”; its settled law.
Don’t like it? File a law suit. Oh. Thats right. DOZENS of law suits have already been filed. On the State and Federal level. Years and years of law suits.
And how many were won?
I have my reasons why so many FReepers oppose Cruz based on this silly NBC argument (RINO agitators) but I hope not. I hope most of them are just ignorant.
Argue it all you wish. But if he runs, this site will support him to the hilt. Those who get nasty about it and or attack us or our good patriotic conservative friends like Mark Levin or our very best grassroots conservative candidates may find they no longer have accounts here.
Don’t get nasty. NBC means exactly what it says.
I ain’t gonna argue with you.
I respect each sides opinion but, maintain my own.
If Cruz can be born to an American Mother and a non-American father, outside of the country and not in a soveriegn territory or military base then he is not NBC.
Swear to God I want him to be. Brilliant? He is in his own category and the scale to measure hasn’t been invented.
Fact is, if Barry was bored to an underage chick who, at the time was unable to confer citizenship, by virtue of age and the status of the so called father, then it follows Cruz’s birth is at least dissolutive of specific definition.
I feel confident I could enlist the help of an anti-birther, Buckeye Texan, who would likely agree with cogent arguments.
Cruz was not born on American soil.
Cruz was born of one parent not an American Citizen.
Cruz was born of a divided citizenship.
That he will renounce his Canadian citizenship and has not addressed his Cuban citizenship ought to be note worthy.
He didn’t have a choice in those facts nor the events but, they exist.
One is Wholly one thing or another or parts of two feet in different areas.
Cruz is incredible and amazing. I’d want him as much as Rubio(maybe), as well Nicki Halley and Jindahl.
Maybe I’m falling to hard on the sword but, if I hold my standard for the opposition I find it difficult to act contrarily to my own desires.
Is my opinion only validated by some pedigree?
I note that many of us are not legal scholars, unlike the P resent occupying our White House.
Is he more qualified to express an opinion, while mine is marginal?
He isn’t a partial foreigner.
You (we) just have to laugh sometimes.
Legally or commonsensically.
Being born over a line because of temporary circumstances that put the fully American birth mother over that line does NOT make a partial foreigner.
Whatever Canada deems him to be affects only Canada. It has no legal effect whatever on the fact that he has a birth certificate designating him as an American citizen at his birth.
That he grew up from age 4 in Houston, TX and calls Houston, TX his home from then until this day.
Has argued 9 cases before the Supreme Court and has done massive behind-the-scenes legal work in America and clerked for Chief Justice William Rehnquist and argued Texas’s case before the Court, and won, when GWBUSH listed to Condi Rice and tried to say Texas couldn’t execute a Mexican murderer in Texas because Mexico objected under its own, and international, law.
And had been duly elected Senator from the great state of Texas.
Nope, Canadian legalities are not germane to the facts and law here, never making Ted a “partial foreigner” - to quote you.
Obama isn’t natural born and neither is Cruz. If you’re willing to throw away that requirement because it suits you now, then you have no right to complain later when the next far left ineligible comes along and is crowned POTUS.
With the indications of voter fraud in the 2012 elections, why would you have any hope of a conservative ever winning again? You’re walking straight into a trap, and I couldn’t care less, except that you’re clamping the jaws down on the rest of us too.
“neither is Cruz.”
So, Cruz was naturalized? I mean, either he is natural born or naturalize, there is no other choice in the matter.
Cruz does indeed tell a good story. He can run with the big dogs in that dept. so not to fear. He talks without notes. Once he gets a mike on a stage he pretty much owns it. Marines call it “command presence” and he’s got it-——Semper Fi