[GBA]

You're conclusion seems to be in error:

...and all infants WHERESOEVER BORN,

In Ted's case: IN CANADA

whose father, if living,

Yes, father is living and NOT a citizen

or otherwise, whose mother was, a citizen at the time of their birth,

His Mother might or might not have been a citizen at his birth.

or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother,

shall be deemed CITIZENS of this commonwealth,

You have misstated Jefferson:

"SO there, you have PROOF that Thomas Jefferson, or for that matter, ANY of the authors of the constitution, would view TED CRUZ as a NATURAL BORN CITIZEN of the United States, ON THE DAY HE WAS BORN !

By your own quoted passage, Jefferson said, assuming Ted's father was a living citizen, (or if his father was dead that his mother was a citizen), when Ted was born, then Ted is just a citizen.

Unfortunately, however, not a "NATURAL BORN CITIZEN of the United States" as you want to believe.

Also unfortunate, Ted's dad is still living and he was NOT an American citizen when Ted was born in Canada.

So...THAT would make Ted a Canadian "ON THE DAY HE WAS BORN !".

Just out of curiosity, what do you call the citizenship of someone who was born here in country to American citizen parents?

[GBA]

Wow...that's bad: I don't blame you for ignoring the rest of what I wrote after I got my very first word of my post to you wrong!

"You're conclusion" should have been "Your conclusion"

Sorry about that. Please excuse me while I go Laugh Out Loud! at myself.

Oh well...it's always good not to take one's self too seriously, especially if one can't spell, spellcheck or even get ballpark close with grammar.

Maybe in my case I should just pretend that English is my second language and I still don't have a first one, yet?

[Yosemitest]

"You're conclusion seems to be in error:"

NOT AT ALL !

"His Mother might or might not have been a citizen at his birth."

WRONG !
Maybe this will shut those TROLLS up (but I doubt it).

Exclusive: Birth Certificate for Ted Cruz's Mother

WHY feed the Piranha, WHEN all they're going to do is CONTINUE their baseless attacks ?
As for the TROLL THEORY:

"Eleanor was naturalized as Canadian citizens before "Ted's" birth."

TROLLS really should do more research before they SPEW such NONSENSE !

Exclusive: Birth Certificate for Ted Cruz's Mother

... The Cruz campaign was responding to inquiries from Breitbart News about a document showing that both of Cruz's parents had been named on a list of voters in Calgary for the 1974 Canadian federal election.

Only Canadian citizens were (and are) able to vote in federal elections.
The lists were compiled through a door-to-door process of "enumeration" by registrars, and were publicized partly so that mistakes could be corrected.

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.

The Cruz campaign told Breitbart News on Friday that Cruz's mother had never become a Canadian citizen.

"She was in Canada on a work permit and never became a permanent resident, let alone a citizen," said Jason Johnson, chief strategist for the Cruz campaign.

"She never registered to vote and never applied for Canadian citizenship."

In a subsequent statement to Breitbart News, 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 campaign could not provide her Canadian work permit.

Canadian immigration authorities could not provide Breitbart News with additional documents, citing Canadian privacy laws.

As for

"You have misstated Jefferson:"

NO AT ALL !
READ IT AGAIN, and VERIFY IT by clicking on the link provided.

Read Thomas Jefferson's own BILL on there "Natural Born Citizen" requirements for the CommonWealth of Virginia:

Thomas Jefferson, A Bill Declaring Who Shall Be Deemed Citizens Of This Commonwealth

May 1779 Virginia Papers 2:476–78

Be it enacted by the General Assembly,

that all white persons born within the territory of this commonwealth
and all who have resided therein two years next before the passing of this act,
and all who shall hereafter migrate into

[Volume 4, Page 488] the same;
and shall before any court of record give satisfactory proof by their own oath or affirmation,
that they intend to reside therein,
and moreover shall give assurance of fidelity to the commonwealth; and all infants WHERESOEVER BORN,
whose father, if living,
or otherwise, whose mother was, a citizen at the time of their birth,
or who migrate hither,
their father, if living,
or otherwise their mother becoming a citizen,
or who migrate hither without father or mother, shall be deemed CITIZENS of this commonwealth,
until they relinquish that character in manner as herein after expressed:
And all others NOT BEING CITIZENS of any the United States of America, shall be deemed aliens.


The clerk of the court shall enter such oath of record,
and give the person taking the same a certificate thereof,
for which he shall receive the fee of one dollar.
And in order to preserve to the citizens of this commonwealth, that natural right,
which all men have of relinquishing the country, in which birth, or other accident may have thrown them,
and, seeking subsistance and happiness wheresoever they may be able, or may hope to find them:
And to declare unequivocably what circumstances shall be deemed evidence of an intention in any citizen to exercise that right,
it is enacted and declared,
that whensoever any citizen of this commonwealth, shall
by word of mouth in the presence of the court of the county, wherein he resides,
or of the General Court,
or by deed in writing, under his hand and seal, executed in the presence of three witnesses,
and by them proved in either of the said courts,
openly declare to the same court,
that he RELINQUISHES the character of a citizen,
and shall DEPART the commonwealth;
or whensoever he shall WITHOUT such declaration DEPART the commonwealth AND ENTYER INTO THE SERVICE OIF ANY OTHER STATE,
not in enmity with this, or any other of the United States of America,
or do any act whereby he shall become a subject or citizen of such state,
such person shall be considered as having exercised his natural right of EXPATRIATING himself,
and shall be deemed NO CITIZEN of this commonwealth from the time of his departure.


SO there, you have PROOF
that Thomas Jefferson,
or for that matter, ANY of the authors of the constitution,
would view TED CRUZ as a NATURAL BORN CITIZEN of the United States,
ON THE DAY HE WAS BORN !

1st United States Congress, 21-26 Senators and 59-65 Representatives



As for

"Yes, father is living and NOT a citizen"

Read:

TED CRUZ's father, 74-year-old Rafael Bienvenido Cruz.
"I came to this country legally," Cruz's father says.
"I came here with a legal visa, and ... every step of the way, I have been here legally."

In an interview near his home outside Dallas, the elder Cruz says that as a teenager, he fought alongside Fidel Castro's forces to overthrow Cuba's U.S.-backed dictator, Fulgencio Batista.
He was caught by Batista's forces, he says, and jailed and beaten before being released.
It was 1957, and Cruz decided to get out of Cuba by applying to the University of Texas.
Upon being admitted, he adds, he got a four-year student visa at the U.S. Consulate in Havana.

"Then the only other thing that I needed was an exit permit from the Batista government," Cruz recalls.
"A friend of the family, a lawyer friend of my father, basically bribed a Batista official to stamp my passport with an exit permit."

The Rafael Cruz that his son Ted portrays is a kind of Cuban Horatio Alger - - arriving in the U.S. with only $100, learning English on his own and washing dishes seven days a week for 50 cents an hour.

"Since he liked to eat seven days a week, he worked seven days a week, and he paid his way through the University of Texas," Ted Cruz says of his father,
"and then ended up getting a job and eventually going on to start a small business and to work towards the American dream."

Only he did that in Canada, where Ted was born.
His father went there AFTER having earlier obtained political asylum in the U.S. WHEN his student visa ran out.
He then got a green card, he says, and married Ted's mother, an American citizen.
The two of them moved to Canada to work in the oil industry.

"I worked in Canada for eight years," Rafael Cruz says.
"And while I was in Canada, I became a Canadian citizen."

The elder Cruz says he renounced his Canadian citizenship when he finally became a U.S. citizen ...

I can only guess as to the reason it took so long, but probably to keep Cuba from being able to recall him.
As to WHY Rafael Bienvenido Cruz fought alongside Fidel Castro's forces to overthrow Cuba's U.S.-backed dictator, Fulgencio Batista, I can only guess.
I guess he didn't have a choice, being a young teenager fresh out of hight school.

Now for your THEORY:

"not a "NATURAL BORN CITIZEN of the United States" as you want to believe."

READ AGAIN:

"An Un-Naturally Born Non-Controversy":
... The Constitution, federal law, and the historical understanding of the Framers, as well as prior British legal traditions and law, all support this view.
In a recent article in the Harvard Law Review, two former U.S. Solicitor Generals, Paul Clement (who served under President George W. Bush) and Neal Katyal (who served under President Barack Obama) stated:

All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning:
namely, someone who was a U.S. citizen at birth
with no need to go through a naturalization proceeding at some later time.
And Congress has made equally clear from the time of the framing of the Constitution to the current day that,
subject to certain residency requirements on the parents,
someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.

Thus, former California Gov. Arnold Schwarzenegger would not be eligible to run for president
because the Austrian native had to go through the naturalization process to become a U.S. citizen.

Certainly the Framers of the Constitution held this view of “natural born” citizen.
They had a deep understanding of British common law and applied its precepts, particularly as explained in Blackstone’s Commentaries, throughout the Constitution.
The U.S. Supreme Court in Smith v. Alabama (1888) recognized that
“the interpretation of the Constitution of the United States is necessarily influenced by the fact that
its provisions are framed in the language of the English common law,
and are to be read in the light of its history.”

Senator Cruz meets all three qualifications in the Constitution to be the president of the United States
if the American people make that choice.

One of those precepts of British law was
that children born to British citizens anywhere in the world,
even outside the dominions of the British Empire,
were “natural born” citizens of the Empire
who owed their allegiance to the Crown.
This historical understanding is explained in great detail by the Supreme Court in a well-known 1898 case, U.S. v. Wong Kim Ark.

The First Congress, which included many of the Framers of the Constitution, codified this view of a natural born citizen.
A mere three years after the Constitution was drafted, they passed the Naturalization Act of 1790,
which specified that the children of U.S. citizens born
“out of the limits of the United States, shall be considered as natural born Citizens.”
The modern version of this Act is found at 8 U.S.C. §1401.
It contains a list of all individuals who are considered “nationals and citizens of the United States at birth.”
Paragraph (g) includes:

A person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien,
and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions
for a period or periods totaling not less than five years,
at least two of which were after attaining the age of fourteen years. 

Ted Cruz was born in Canada in 1970;
his mother, who was a U.S. citizen by birth from Delaware, was in her 30s at the time.
She met Cruz’s father, who was born in Cuba, as a student at Rice University.
These facts show that
Cruz’s family background clearly meets the standard set out in the federal statute for being a natural born citizen who did not have to go through any naturalization process to become a citizen.;
That was also the case for Senator Barry Goldwater, who was born in Arizona before it became a state,
and Governor George Romney, who was born in Mexico.

The bottom line is that Senator Cruz meets all three qualifications in the Constitution to be the president of the United States if the American people make that choice.
The same is true of my wife, who was born in Manila.
Her father, whose family had been in America since shortly after the Pilgrims got to Massachusetts,
was temporarily working abroad for an American company—just like Ted Cruz’s father.

My wife is not likely to run for president,
but there is no question that she—like Ted Cruz, Barry Goldwater, George Romney, and John McCain—is eligible to be president
and to swear an oath to “preserve, protect and defend the Constitution of the United States.”


Hans A. von Spakovsky is a a former commissioner on the Federal Election Commission and Justice Department lawyer. 
He is the coauthor of “Who’s Counting? How Fraudsters and Bureaucrats Put Your Vote at Risk”(Encounter 2012)
and  “Obama’s Enforcer: Eric Holder’s Justice Department” (HarperCollins/Broadside 2014).

SO ....TO SUMMARIZE IT ALL ! ul>
FACT: Cruz’s father’s Cuban nationality at the time of Cruz’s birth, is irrelevant, according to the law at that time,
just so long as he was a LEGAL Immigrant at the time of Ted Cruz's birth,
AND both of Ted Cruz's parents were legally married to each other.

What are the rules for people born between December 23, 1952 and November 13, 1986?

The 14th Amendment IS a part of the U.S. Constitution and states in SECTION 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
So, under that power to legislate, Congress legislated and the President signed into law:
When ONE parent was a US citizen and the other a foreign national,
the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child,
with five of the years after the age of 14.

... While there were initially rules regarding what the child must do to retain citizenship,
amendments since 1952 HAVE ELIMINATED THESE REQUIREMENTS.

When Ted Cruz was born, his parents were "IN WEDLOCK".

They married, moved to Calgary, Alberta, and in late 1970 had their first and only child, Rafael Edward Cruz.
Cruz was born on December 22, 1970 in Calgary, Alberta, Canada where his parents, Eleanor Elizabeth Darragh Wilson and Rafael Bienvenido Cruz.

Cruz's mother was born and raised in Wilmington, Delaware, in a family of three quarters Irish and one quarter Italian descent.
Eleanor Darragh, mother of Ted Cruz, was raised in Delaware, graduated from a Catholic High School (1952) in the U.S., as well as Rice University (1956),
so clearly she meets the residency requirements.

Source

In 1957, Rafael Bienvenido Cruz (Ted Cruz's father) decided to get out of Cuba by applying to the University of Texas.
Upon being admitted, he adds, he got a four-year student visa at the U.S. Consulate in Havana.

"Since he liked to eat seven days a week, he worked seven days a week, and he paid his way through the University of Texas," Ted Cruz says of his father, "and then ended up getting a job and eventually going on to start a small business and to work towards the American dream."

Only he did that in Canada, where Ted was born.
His father went there after having earlier obtained political asylum in the U.S. when his student visa ran out.
He then got a green card, he says, and married Ted's mother, an American citizen.
The two of them moved to Canada to work in the oil industry.

"I worked in Canada for eight years," Rafael Cruz says. "And while I was in Canada, I became a Canadian citizen."

The elder Cruz says he renounced his Canadian citizenship when he finally became a U.S. citizen in 2005 —
48 years after leaving Cuba.
Why did he take so long to do it?
"I don't know. I guess laziness, or — I don't know," he says.

So there is the law for the time Ted Cruz was born,
AND HOW Ted Cruz's PARENTS fulfilled ALL those requirements of the law that time, for Ted Cruz to be a "Natural Born Citizen".
Ted Cruz did NOT NEED a Court and a Judge to "Nationalize" him.

One more thing, listen to a REAL CONSTITUTIONAL LAWYER:

MARK LEVIN explains that Ted Cruz IS a natural born citizen ( 7:30 )
Published on Sep 17, 2013