Lawyers say Canadian-born Cruz eligible to run for president

From:, by: Dan Gallo, on: March 15, 2015, see the article HERE.



While questions about Canadian-born Sen. Ted Cruz’s eligibility to be president haven’t drawn much attention, two former Justice Department lawyers have weighed in with a bipartisan verdict: Cruz, they say, is eligible to run for the White House.

Neal Katyal, acting solicitor general in the Obama administration, and Paul Clemente, solicitor general in President George W. Bush’s administration, got out in front of the issue in a Harvard Law Review article.

“There is no question that Senator Cruz has been a citizen from birth and is thus a ‘natural born Citizen’ within the meaning of the Constitution,” they wrote.

Anti-Cruz “birthers” had questioned the Texas Republican senator’s eligibility to be president, challenging his citizenship status because he was born in Canada.  Two years ago, Cruz released his birth certificate showing his mother was a U.S. citizen born in Delaware, presumably satisfying the requirements for presidential eligibility as a “natural born citizen.”

The law review article, “On the Meaning of ‘Natural Born Citizen”, asserts that the interpretation of the term was settled in Cruz’s favor as early as the 1700’s. The lawyers wrote that the Supreme Court has long used British common law and enactments of the First Congress for guidance on defining a “natural born citizen.”

“Both confirm that the original meaning of the phrase ‘natural born Citizen’ includes persons born abroad who are citizens from birth based on the citizenship of a parent,” they wrote. They concluded someone like Cruz had “no need to go through naturalization proceedings,” making him eligible. Cruz is still weighing a presidential run.

Last month, Cruz addressed the citizenship issue during a question-and-answer session with moderator Sean Hannity, of Fox News, at the Conservative Political Action Conference.  “I was born in Calgary. My mother was an American citizen by birth,” Cruz said.  “Under federal law, that made me an American citizen by birth. The Constitution requires that you be a natural-born citizen.”

I’ll readily admit that my initial personal definition of “natural-born” was being born to two U.S. citizens on United States soil. Now that Obungles has muddied the water and caused everyone to reassess the requirement, I will accept whatever our legal scholars say on the matter (what choice do we have in the matter?). All of the research I’ve done on Cruz’s situation resulted in learned opinions that he WAS eligible, so this determination isn’t new, it’s just another opinion added to all of the others that deem him eligible.



Bookmark the permalink.

10 Responses to Lawyers say Canadian-born Cruz eligible to run for president

  1. Uriel says:

    But Garnet, isn’t it Amazing no such report was ever noted before Obama ever ran for office. Bias to party or learned reaction?

  2. Hardnox says:

    It should be noted that San Fran Nan was the only person to qualify O’Bozo.

    Cruz at least has the paperwork to prove he was actually born.

    • CW says:

      Unfortunately Obama’s existence and ruination of the country is pretty clear proof that he was indeed born.

  3. CW says:

    I have to say the questions about the meaning of “natural born citizen” always surprise me. It seems only sensible that the children of Americans traveling or living abroad would also be citizens of this country upon their birth. Otherwise you would have the bizarre situation of parents with minor children potentially being unable to raise their own children here upon their return.

    You can’t be POTUS unless you’ve also resided in the U.S. at least 14 years, which helps mitigate the risk that a virtual stranger to the U.S. comes here to run for POTUS. I’m sure the Founders also assumed that Americans would wisely consider a candidate’s history of residency and its implications for allegiance when electing a POTUS, In that respect they clearly underestimated the dumbing effect liberalism would have on voters of the future.

  4. Kathy says:

    Ironic how we didn’t go through this with McCain – perhaps because he wasn’t kicking up dust like Cruz is. or maybe it’s because he’s so old that people thought he discovered America so it was okay.

    Look for this to be one of those on again-off again topics throughout the election cycle.

    • Blessed B. says:

      McCain’s parents were on a Military base when he was born…. So…he actually was born on American soil.

  5. Fuzz T Was says:

    The authors conclude: “Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a “natural born Citizen” within the meaning of the Constitution.” They announce their conclusion without giving the how and why of it.
    The authors scorn the requirement that Presidents be natural born citizens. These
    “Mr. Big Shots” call apposing opinions “spurious;” and claim objections to a candidate’s eligibility are “specious” because there are no legitimate points of view but theirs.
    Their article presents no critical research and is a meager effort to persuade people Senator Cruz is a natural born citizen just because they, former Solicitors General, say so.

    • Garnet92 says:

      Thanks for your comment Fuzz – sorry for the lateness of my reply. I’ve done quite a bit of research on this issue myself and I finally came down to “the courts (perhaps the Supreme Court)” will have to decide it. It’s not as simple as some would like to make it. If you’re REALLY interested in digging deeper yourself, here is a link to a much more exhaustive study of the subject than the authors presented. Note that the early part of the piece relates primarily to Barack Obama, so you can skip down to where the “natural born” discussion begins.

  6. Clyde says:

    Guess this settles the Obama birth issue. It seems that EVERYONE forgets his MOTHER was a U.S. citizen.

  7. Blessed B. says:

    Ted Cruz recently forfeited his Canadian citizenship…..he is now 100% American. At least he’s been vetted thoroughly!

    I’m not sure though if Obi’s mother was even human…could have been a Nairobian jackal instead!