Posted by: Lloyd Becker | April 16, 2016

The Ted Cruz Canadian Citizenship

The eligibility of Ted Cruz has been and is still being called into question.   The question will never be answered until it gets answered either by supposition, or by the courts.  Plus, these questions were brought to bear in the 1800s and decided by the Supreme Court during that 100 year period.

In this paper, I am going to try something different in presenting this case of the eligibility of Ted Cruz, by introducing this paper with some paragraphs from The Presidency Manifesto of Ted Cruz.

“If I were to be elected as your President, it would not be according to how it should be but would be according to how it became with the unconstitutional election of Barack Hussein Obama Soetoro.  You see, I, like him, am not a ‘a natural born citizen’ as the Constitution requires of a President.”

“I was not born as a natural citizen of the United States of America because my father was a Cuban national (living in exile due to his opposition to the policies of Fidel Castro and his communist government) just as Barack Obama was not a natural citizen because his father was a subject of the British government, – being governed, along with his children, by the British Nationality Act of 1948.”

“But not being ‘a natural born citizen’ did not keep his party from illegitimately nominating him to be their presidential candidate…”  “Well as they say… two can play that game…”

—— Written by Adrien Nash as Ted Cruz (November 2014) ——

These paragraphs are essentially true as it pertains to birth place and the term “natural born citizen”.  The writer laid out Ted Cruz’s ineligibility by equating it to President Obama with the exception of stating that Ted Cruz openly stated he was born in Calgary, Canada.

According to Rafael Cruz, in 1970, when Ted Cruz was born in Canada, Cruz Senior stated that they lived in Canada for at least four years and had applied for and received Canadian citizenship under the Canadian Immigration and Naturalization Laws.  Rafael Cruz did not renounce his Canadian citizenship until 2005.  His wife and son were still Canadian citizens (Politicalconundrum, 2015).

Prior to the Cruz family moving to the United States in 1974, Eleanor and Raphael Cruz appeared on the “Urban Preliminary List Of Electors” (Atkinson, 1974).  To vote, one must be a citizen and during an interview with NPR, Cruz stated, he and Eleanor are Canadian citizens.

The Canadian Citizenship Act of 1946, or commonly called, “Act of 1947”.  This Act fully defines him as a Canadian citizen.  Parliament, later replaced the Act of 1947 with The Citizenship Act, February 1977.  The Citizenship Act also recognized, “dual citizenship”.  If the situation was more of an ideal situation, the best Ted Cruz could get is dual citizenship.  According to Cruz Senior, both Eleanor and he were Canadian citizens the year Ted Cruz was born.  The end result, this “The Citizenship Act” does not apply to Ted because he is a natural born Canadian.

People have been searching the Delaware, Department of Health database for Ted Cruz’s mother and they are finding a “no record exists”.  The reason why Eleanor Elizabeth Darragh Wilson Cruz birth certificate in Delaware does not exist is because there is no birth certificate for this name.  On Line 2, full name of child: Eleanor Darragh.  On Line 31, the father verified baby Eleanor, by writing Eleanor Darragh.  Using any other search string will not yield any results for Eleanor Darragh.

According to the Chart, Citizenship at Birth for Children Born Outside the U.S. and its Territories, as indicated in the USCIS Policy Manual does not apply.  If Eleanor Cruz had maintained her US citizenship, then the chart would apply.  Also, based on The Three Legged Stool Test… the first leg, to be a natural born citizen, the person must be born of US Parents.  The second leg, is the father must be natural born, or naturalized and the third leg, the mother, is the same as the second leg (Kerchner, 2013).  This test fails at every question asked.

While courts are deciding in Ted Cruz’s favor, the lower courts are not paying attention to the Supreme Court’s decisions on citizenship.  There have been four decisions in the 1800s that has settled the natural born citizenship challenges.  Although, the SCOTUS did not specifically say “natural born citizen”, they have supplied a definition what a natural born citizen is.  These four cases were:

  • The Venus, 12 U.S. Cranch 253 253 (1814)
  • Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)
  • Minor v. Happersett, 88 U.S. 162 (1875)
  • United States v. Wong Kim Ark, 169 U.S. 649 (1898)

Covering each one briefly, one will notice how closely these decisions are made.

The Venus (1814)

Justice Livingston quoted from the book, Law of Nations, specifically, Book 1, Chapter 19, Section 212.  “The citizens are members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages”.  “The natives or indigenes are those born in the country of parents who are citizens…”

Shanks v. Dupont (1830)

“If she was not of age, then she might well be deemed under the circumstances of this case to hold citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country”.

Minor v. Happersett (1875)

“At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were citizens became themselves, upon their birth, citizens also.  These were natives or natural-born citizens, …”

United States v. Wong Kim Ark (1898)

“At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were citizens became themselves, upon their birth, citizens also.  These were natives or natural-born citizens, …”

With the basis of these Supreme Court decisions, the written conclusion as stated by the unknown author at Four Winds 10 – Truth Winds:  “In this sense, the Supreme Court of the United States has never applied the term ‘natural born citizen’ to any other category than those born in the country of parents who are citizens thereof”.  (June 2011)

The Calvin Case, 7 Coke Report states, “… for he cannot be a subject born of one kingdom that was born under the ligeance of a King of another kingdom, …”  (Roland, 2016).  George Bancroft in 1884, characterized the debate on qualifications for the Presidency, … “that no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, should be eligible to the office of president, …”  The numerous colonies in the 1600s and 1700s were using the language of “natural-born”.  (Roland, 2016)

While eligibility challenges are ongoing, Jerome R. Corsi (2016), penned an article, Eligibility challenges heat up for Cruz, Rubio.  The argument in question is that Mary Brigid McManamon argued that Ted Cruz is not eligible to be president, whereas, John C. Eastman argued that Ted Cruz is eligible.  Eastman was referencing the bill that was passed in 1790.  This bill was later replaced in 1795.

During the research for this paper, there are a few things that need to be pointed out.  Most of this paper entailed reiterating what others have said.  This commentary should highlight the things necessary that proves Ted Cruz is not eligible for the Office of the Presidency.

Through articles and other documents, this research concludes that Ted Cruz, in fact, was born in Calgary, Alberta, Canada as a “natural born citizen” without the inclines of dual citizenship.  Eleanor Elizabeth Darragh Wilson Cruz was in fact born in Wilmington, DE, but not under that name.  She was born with the name of Eleanor Darragh and her father verified the name by writing it on the birth certificate.

Most of the iterations in this paper primarily support each other, to include the Law of Nations stating that a child born in a country of parents who were its citizens became themselves, upon their birth, citizens also.

Further investigation indicated Senator Ted Cruz has some very distinct problems he must resolve, yet, he can never be eligible for the Office of the President.  While many have heard and read this claim, they brushed it aside, due to information that has been missed, or purposely left out.

Too much weight has been placed on Eleanor’s birth certificate that would qualify him as a US Citizen.  The reality is Ted Cruz was never a citizen of the United States, or at the least a dual citizen; in fact it is neither.  His citizenship has always been Canadian.

There has been no Consulate Report of Birth Abroad, because neither parent could legally file one.  The argument tends to repeat itself because of the mother’s birth certificate.  It is true, she was born in Delaware, but that is far as it goes.

To qualify my statement that Ted Cruz is a “Natural born Canadian citizen”, an interview was conducted by National Public Radio (NPR) with Rafael B. Cruz, Ted’s father.  Referencing timeline, 1970, Rafael Cruz stated that he and Eleanor applied for and received Canadian citizenship under the Immigration and Naturalization laws.  Timeline, February, 2015, there is no evidence of US citizenship to confirm his true citizenship status.  Ted Cruz, by way of his father had been confirmed that he is a Canadian citizen.

What does this mean for Ted Cruz?  Let me place this as bullet points.

  • In 2014, he renounced his Canadian citizenship.
  • He is a resident alien.
  • He is illegally holding a political office as a Senator.
  • Since 2014, he has been a person without a country.
  • Ted Cruz’s family, specifically his children are not natural born citizens.

If we follow the decision that was handed down in the Shanks v Dupont (1830), if under age children follows the national character of their father, the children do not and cannot carry any part of their Canadian citizenship – even though Ted Cruz is half-Cuban – since their father renounced his Canadian citizenship.  It will be up to the mother to get these children naturalized to the United States.

Ted Cruz, when he discovered that he was still a Canadian, he needed to apply for citizenship to the United States.  The members of the US Senate will be well within their means to expel Ted Cruz from the senate due to his citizenship status.

In the final analysis, Ted Cruz is not a natural born citizen.  He is not even a citizen of the United States.  The best category he can fit into is, resident alien.  Ted Cruz had sealed his records; birth records, family records.  The last question is where did Ted Cruz get his passport in 1986?  This may be an interest for someone who wants to dig a little deeper.

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