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Feb 12

Written by: Diana West
Friday, February 12, 2016 5:41 AM 

Part 3 is here.

It's an unanswered question.

Lawrence Sellin takes the prize for cogent thinking and also courage for asking it and other unanswered questions concerning Sen. Ted Cruz's eligibility for the presidency, as stipulated by the U.S. Constitution.

Writing at Family Security Matters, Sellin highlights the contradictions around what we might think of as Sen. Cruz's own "pathway to citizenship." Sellin also notes the senator's continuing failure to release a Consular Report of Birth Abroad.

Above is a picture of one such document, as provided by Ken Sikorski, an American whose children were born abroad (and who runs the must-read blog Tundra Tabloids).

Sellin writes (links in the original):

According to Cruz spokeswoman Catherine Frazier, Cruz's mother did register his birth with the U.S. consulate and Cruz received a U.S. passport in 1986 ahead of a high school trip to England.

There are two apparent contradictions regarding how and when Ted Cruz obtained US citizenship.

First, according to the Canadian Citizenship Act of 1946, also referred to as the "Act of 1947," Canada did not allow dual citizenship in 1970. The parents would have had to choose at that time between U.S. and Canadian citizenship. Ted Cruz did not renounce his Canadian citizenship until 2014. Was that the choice originally made?

Second, no CRBA has been released that would verify that Ted Cruz was registered as a U.S. citizen at birth.

It has been reported that the then nearly four-year-old Ted Cruz flew to the U.S. from Calgary, Alberta, Canada in 1974.

Ted Cruz could not have entered the U.S. legally without a CRBA or a U.S. passport, the latter of which was not obtained until 1986.

If Ted Cruz was registered as a U.S. citizen at birth, as his spokeswoman claims, then the CRBA must be released. Otherwise, one could conclude that Cruz came to the U.S. as a Canadian citizen, perhaps on a tourist visa or, possibly, remained in the U.S. as an illegal immigrant.

It is the responsibility of the candidate for the Presidency, not ordinary citizens, to prove that he or she is eligible for the highest office in the land. Voters deserve clarification.

 Even assuming a CRBA was filed, the weight of the legal evidence indicates that Ted Cruz is a naturalized U.S. citizen because he was born outside of the jurisdiction of the U.S. and obtained U.S. citizenship by an Act of Congress (Article 1 Section 8 of the Constitution). As a naturalized citizen, he is not eligible for the Presidency (Article 2 Section 1 Clause 5 of the Constitution).

It is disturbing to this writer that, Ted Cruz, a man who claims to be a "principled conservative" and a staunch supporter of the Constitution, should be so opaque about his personal history and unwilling to release his records.

Does that sound familiar?

Indeed, it does. But given Barack Obama's professed antagonism toward, and, as president, open war on the U.S. Constitution, Obama is not open to the charges of two-faced hypocrisy that Sen. Cruz invites due to the senator's own frequently professed loyalty and defense of the Constitution (further belied here and here).

That the Constitution can be used as a prop by the "true conservative" shows how post-Constitutional we really are. 

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Copyright 2012 by Diana West