Last week Tea Party Nation published the following;
Tea Party Nation is WRONG and lying.
(Between their misrepresentation, I will correct them in red)
When Barack Obama came on the scene running for President in 2008, a number of people began to question his eligibility to be President. The left wing media dismissed those people as “birthers.” What the left wing media wants most people to forget is that Hillary Clinton was the original birther.
Now that Ted Cruz is running for office, a number of people are popping up, claiming he is not eligible to be President.
It is an important question.
Is Ted Cruz eligible to be President?
The Constitution of the United States is very specific. No one but a “natural born citizen” may become President. That mercifully spares us from people like Arnold Schwarzenegger.
But what is a natural born citizen?
The Constitution is silent on a definition of a natural born citizen. Those who attack Cruz as not being eligible and even those who make the same attack on Obama, like to cite an 18th century text and a couple of Supreme Court decisions.
There is a specific hierarchy that is used in determining the meaning of provisions in the Constitution. The hierarch goes like this. First we look within the pages or as attorneys like to say, within the four corners of the document for a meaning. If there is no definition there, then we look to Congressional statutes and then to court decisions.
In 1790, the Congress answered the question about Natural Born Citizens with the Naturalization Act. The Act reads in part:
And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.
There is the definition right there.
Children born abroad whose mothers are United States citizens and whose fathers have resided in the United States are considered natural born citizens.
This is where Tea Party Nation is out right lying. “Children born abroad whose mothers are United States citizens and whose fathers have resided in the United States are considered natural born citizens.”
The 1790 Act is clear; And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.
Get it: And the children of citizens of the United States
TED CRUZ was NOT BORN TO CITIZEN PARENTS, his father was a Canadain citizen, and CRUZ was born in Canada.
This act was introduced in Congress in 1790. That was three years after the Constitution was drafted. If that definition of a natural born citizen is not accurate, the men who wrote the Constitution a mere three years earlier would have stood and said something about it.
The United States Supreme Court in numerous cases stated
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. 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 its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.
-Chief Justice Waite in Minor v. Happersett (1875)
Since some of those men were in Congress, it is unlikely such a bill would have passed at all.
The facts in the case of Ted Cruz, unlike that of Barack Obama, are not shrouded in mystery. Cruz was born of an American mother and though his father was not an American citizen at the time, he had resided in the United States.
That makes Ted Cruz a natural born citizen.