Mr. Cruz is not constitutionally qualified under the “natural born Citizen” requirement of Article II, Section 1 for the Office of President or the Office of the Vice-President.
Ted Cruz is a "natural - born" Canadian. He again acknowledged this fact in the formal processes required for him to renounce his Canadian citizenship.
Until May 2014, Mr. Cruz was free to enjoy all the rights and privileges of his natural-born Canadian citizenship.
South of the 49th parallel North, however, the United States Constitution's Article II, Section 1 is explicit in listing three absolute tests required for any Candidate to qualify for the presidency:
"No person except a natural born Citizen...shall be eligible to the Office of President, neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen years a Resident within the United States."
Like the 14 years residency requirement, the “natural born Citizen” requirement is a test of American soil. This natural-born soil test is required only for the nation’s highest federal office – the presidency.
Ted Cruz fails this "Jus Soli" (law of the soil) test. The requirement of “Jus Soli” citizenship was, and is, antithetical to any statutory conferring of citizenship on children born abroad of American parents. And Mr. Cruz knows that he fails the test yet he continues with his fraudulent campaign.
Our U.S. Constitution only grants Congress with the enumerated power of “Naturalization” in Article I, Section 8, Clause 4. The Constitution does not give Congress any legal-power (or miraculous-ability) to create a “natural born citizen.” Nor does the Constitution allow Congress to modify the Article II, Section 1 test of natural-born citizenship. Mr. Cruz knows very well that he became an America citizen only by a statutory naturalization process.
It is inconsequential that Mr. Cruz’s naturalization, in accord with the controlling statute, happened automatically due to his mother’s American citizenship. Ted Cruz ultimately has exactly the very same quality of naturalized citizenship as that obtained by those 650,000 other immigrant aliens who go through more complex naturalization processes each year.
Congress only excused Rafael Edward Cruz from the complex nature of the naturalization processes to which most alien immigrants are subject. Congress choose to automatically naturalize Ted Cruz, and thus through a fiction of the statutory law, treat Ted Cruz somewhat like he was a “natural born citizen,” but that statutory fiction does not actually make him “natural born.” Mr. Cruz’s Alberta-size, now Texas-size, wishing does not make it so.
Nor does his long con to obtain ballot access although he is not qualified.
University of Chicago Law Professor Eric Posner puts the case directly:
"To naturalize an alien is to confer citizenship status but not to somehow convert him to having been born in America; similarly, to confer citizenship by statute to someone born abroad to an American parent is not the same thing as retroactively making that person born in this country—making him natural born—which would be impossible."
Eric Posner, Ted Cruz Is Not Eligible To Be President, Slate, Feb. 8, 2016.
Other scholars share Professor Eric Posner’s conclusion through similar and alternative analytical models. Professor Mary McManamon’s detailed work reflects the most comprehensive historic analysis. See Mary Brigid McManamon, The Natural Born Citizen Clause as Originally Understood, 64 Catholic Univ. L Rev. 317 2015
(available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2444766).
Professor Einer R. Elhauge’s very recent, exhaustive work, taking the form of a 2016 amicus brief filed in related litigation, leaves no doubt that Mr. Cruz is not eligible for the presidency. See Einer R. Elhauge, Why Ted Cruz Is Not a Natural Born Citizen Eligible to Be President and Why the Issue Is Not a Political Question
(available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2748863).
