"Ineligible" - Cruz' former Harvard Law professor

[Jan2017]

About the time the mutt child first started to meet HIS residence requirement coming to the USA . . . (1975)

The Conditional Nature of Derivative Citizenship 8 UC Davis Law Review 345 (1975)

A child born outside the United States to a single American parent comes within the preferred class of "immediate relatives" of American citizens.

That child, however, is not automatically a citizen of the United States. Rather, he is a "derivative citizen", who under present law must first satisfy certain statutory requirements in order to acquire and retain his status as an American citizen. Such "conditional" citizenship and its related problems is vitally important to the thousands of Americans presently residing in foreign countries.

This article will (1) limit its discussion to the situation where a child is born with only one American parent; (2) examine the historical development of statutory law on the subject; (3) analyze the case law; (4) critically assess the constitutional status of such citizenship; and (5) propose alternatives to the present law.

 

[Jan2017]

(Madison) was arguing for citizenship for a person in South Carolina.

Mr. Smith was born in Britain.

The following year, Congress passed the Naturalization Act of 1790 which said: ...

so you did just pull that out of your arse Zippy ?

Madison in May 1789 - about 3 months after the new nation was formed - explained that the United States used "place not parentage"
and Mr. Smith - for all the reasons Madison eloquently discussed as a citizen at the signing of the declaration of independence etc. - was admitted to the legislature.

William Smith was born in Charleston, South Carolina, on 2 October 1758, the fifth child and third son of Benjamin and Anne Loughton Smith.
http://www.gwu.edu/~ffcp/mep/displaydoc.cfm?docid=fcsmith

-----------------

There are 71 Senators who have been born abroad . . . 9 of whom were alien born although to one or both US citizen parent(s).
Is Cruz the only one who was a foreign citizen still at the taking of the oath of office ?

Trump: How can you be a U.S. senator if you’re a Canadian citizen?
http://hotair.com/archives/2016/01/...be-a-u-s-senator-if-youre-a-canadian-citizen/

 

[notsure]

The tl;dr version of my previous post:

Ted Cruz is a U.S. citizen at birth if:

1. One parent is a U.S. citizen; AND
2. The U.S. citizen parent was physically present in the U.S. for ten years, at least five of which were after the age of fourteen.

If Ted Cruz's mother lived in the U.S. at least until the age of 19, then both conditions are true. If Cruz applied for a U.S. passport, he would have supplied documentation of his mother's U.S. citizenship, his Canadian birth certificate, and evidence of his mother's physical presence within the U.S. for the required time period.

And this is up to USCIS to review and approve Ted's claim to US citizenship. What proof is there that he and/or his parents ever did this? If Ted went through this process before the age of 18, he should have a 'Certificate of Birth Abroad', if after the age of 18 he should have a 'Certificate of Citizenship'. Why has Ted not released either of these? Why has he relied on his Canadian birth certificate and recently released his mother's US birth certificate, when neither of these are relevant in proving his US citizenship? I suspect he hasn't released these proper State Dept. issued documents because it prove he is naturalized, and born an alien to the US. Why else would he not release these docs? Unless he doesn't have either of them, and never claimed his US citizenship, which would lead to bigger problems for him.

 

[Philhelm]

And this is up to USCIS to review and approve Ted's claim to US citizenship. What proof is there that he and/or his parents ever did this? If Ted went through this process before the age of 18, he should have a 'Certificate of Birth Abroad', if after the age of 18 he should have a 'Certificate of Citizenship'. Why has Ted not released either of these? Why has he relied on his Canadian birth certificate and recently released his mother's US birth certificate, when neither of these are relevant in proving his US citizenship? I suspect he hasn't released these proper State Dept. issued documents because it prove he is naturalized, and born an alien to the US. Why else would he not release these docs? Unless he doesn't have either of them, and never claimed his US citizenship, which would lead to bigger problems for him.

Does Ted Cruz have a U.S. passport?

 

[notsure]

Does Ted Cruz have a U.S. passport?

I have no idea.

 

[Philhelm]

I have no idea.

You dropped the ball.

That was the perfect opportunity for you to say, "Not sure!"

 

[Jan2017]

Does Ted Cruz have a U.S. passport?

I'll assume he does now . . .
his application for the US passport is gonna be the first place (and time ?) Cruz or his Mom had stated his birthplace to the USA officially (?) -
the passport today has to read : Calgary, Alberta, Canada.

As Philhelm brought up, there is a CRBA "issue" . . .

Consular Report of Birth Abroad (CRBA, or Form FS-240)

If you are a U.S. citizen and have a child overseas, you should report his or her birth as soon as possible so that a Consular Report of Birth Abroad can be
issued as an official record of the child's claim to U.S. citizenship.

Report the birth of your child abroad at the nearest U.S. embassy or consulate.
Check the American Citizens Services portion of the webpage for the nearest Embassy or Consulate in the country where your child was born
for further instructions about how to apply for a CRBA.

https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

 

[NorthCarolinaLiberty]

But since Cruz was a US citizen by birth...

Cruz acquired his citizenship at birth...

Aren't by birth and at birth two different terms?

 

[timosman]

Aren't by birth and at birth two different terms?

Your insistence on using correct terms is discriminatory.

 

[devil21]

Aren't by birth and at birth two different terms?

Birth is an admiralty nautical term. Born and birth have two different meanings in our matrix. Living men and women are born. Ships are birthed.

 

[fedupinmo]

Birth is an admiralty nautical term. Born and birth have two different meanings in our matrix. Living men and women are born. Ships are birthed.

Ships are berthed.

 

[Jan2017]

Aren't by birth and at birth two different terms?

Yep, the old Zippy quotes show that some are prone to using them interchangeably,
but there is US case law etc. that shows immigration law makes a distinction when the case arises.

 

[devil21]

Ships are berthed.

Fair enough but if the bankers and their lawyer foot soldiers used the exact same spelling it would have been too obvious.

http://freedompool.org/house quote.html