Institute on the Constitution: Ted Cruz Can't Be President Because He is Not a Natural Born Citizen

Yesterday, the Institute on the Constitution reprinted an Orange County Register op-ed which declares Ted Cruz ineligible for the presidency because his father is Cuban. The article was posted by MD League of the South chaplain David Whitney.
Defining the “natural born citizen” clause of the Constitution in terms of parentage, the op-ed writer, Steve Jackson, comes to the the conclusion that Cruz’s father disqualifies the Texas Senator from eligibility.
Jackson writes that the founders got the term “natural born citizen” from a 1787 book by Emmerich de Vattel’s titled The Law of Nations – the Principles of Natural Law Applied to the Conduct and to the Affairs of Nations and of Sovereigns. He cites Book I, Chapter XIX, Section 212 which states: “…The natives, or natural-born citizens, are those born in the country, of parents who are citizens…”
Will Obama birthers come out in opposition to Cruz? Will those opposed to a Hispanic president use this as a means to trip up his chances? I don’t know whether the op-ed writer is accurate in his claims but it will be fascinating to see this play out.
For more on the Institute on the Constitution read here.

18 thoughts on “Institute on the Constitution: Ted Cruz Can't Be President Because He is Not a Natural Born Citizen”

    1. At least they’re more consistent than the folks who regard Obama as ineligible to be president by virtue of having been born in Kenya but who nevertheless feel Cruz should be eligible despite having been born in Canada.

  1. Those who favor white superiority will use any means possible to keep “non-whites” out of places of influence. Maybe next they’ll be doing genetic assessments to decide who is “white” enough. Bias leads to fact-blindness which leads to illogical thinking and poor decision-making. We really need to keep groups like IOTC off the playing field until they understand that “all men are created equal, and are endowed with inalienable rights…”

  2. Those who favor white superiority will use any means possible to keep “non-whites” out of places of influence. Maybe next they’ll be doing genetic assessments to decide who is “white” enough. Bias leads to fact-blindness which leads to illogical thinking and poor decision-making. We really need to keep groups like IOTC off the playing field until they understand that “all men are created equal, and are endowed with inalienable rights…”

  3. Rafael Ted Cruz was not born in the U.S., he was born in Canada. Whether his mother was born in the U.S. makes no difference for he was not and neither was her father. If you count parents birth place then he would be dual citizenship to Cuban and U.S. making him a naturalized citizen which forfeits his eligiblity for Presidency. Obama was born in Hawaii which is in the U.S. His father was born in Kenya not him. Obama mother was a U.S. citizen having born her son in the U.S. which made eligible to beome our President. No way can Cruz be considered a U.S. citizen for then all immigrants whose parents were U.S. citizens should be given the right some stupid Republicans want to give Ted Cruz. We don’t need a dictator like his role model Fidel Castro in the U.S. Those cuban communist need to go back to Cuba.

  4. Rafael Ted Cruz was not born in the U.S., he was born in Canada. Whether his mother was born in the U.S. makes no difference for he was not and neither was her father. If you count parents birth place then he would be dual citizenship to Cuban and U.S. making him a naturalized citizen which forfeits his eligiblity for Presidency. Obama was born in Hawaii which is in the U.S. His father was born in Kenya not him. Obama mother was a U.S. citizen having born her son in the U.S. which made eligible to beome our President. No way can Cruz be considered a U.S. citizen for then all immigrants whose parents were U.S. citizens should be given the right some stupid Republicans want to give Ted Cruz. We don’t need a dictator like his role model Fidel Castro in the U.S. Those cuban communist need to go back to Cuba.

  5. During the 2nd Session of the 37th Congress in 1862, Rep. Kinsley J. Bingham of Michigan defined ‘natural-born citizen’ on the House floor and no one disputed his definition. In fact no one has disputed his definition on the House or Senate floor since. The definition of ‘natural-born citizens’ remains as follows:
    “The Constitution leaves no room for doubt upon this subject. The words ‘natural-born citizen of the United States’ occur in it, and the other provision also occurs in it that ‘Congress shall have power to pass a uniform system of naturalization.’ To naturalize a person is to admit him to citizenship. Who are natural-born citizens but those born within the Republic? Those born within the Republic, whether black or white, are citizens by birth – natural-born citizens. There is no such word as white in your Constitution. Citizenship, therefore, does not depend upon complexion say more than it depends upon the rights of election or of office. All from other lands, who, by the terms of your laws and a compliance with their provisions becomes naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural-born citizens.”

  6. “One of our long time hosts in Southern California sent in the following editorial to the Orange County Register:”
    I was wondering how a legit newspaper like the OC Register could print something so asinine.
    But a careful reading shows that Pastor Whitney only claims the op-ed was “sent in” to the Register. I find no evidence it was ever published.
    But for the record, the New York Times did publish articles questioning John McCain’s eligibility because he was born in the Panama Canal Zone.
    http://www.nytimes.com/2008/02/28/us/politics/28mccain.html
    So people should keep in mind this kind of crap isn’t just the province of the right-wing fever swamp. The NY Times is supposedly a trustworthy source of news for our entire country.
    Which explains a lot…

  7. During the 2nd Session of the 37th Congress in 1862, Rep. Kinsley J. Bingham of Michigan defined ‘natural-born citizen’ on the House floor and no one disputed his definition. In fact no one has disputed his definition on the House or Senate floor since. The definition of ‘natural-born citizens’ remains as follows:
    “The Constitution leaves no room for doubt upon this subject. The words ‘natural-born citizen of the United States’ occur in it, and the other provision also occurs in it that ‘Congress shall have power to pass a uniform system of naturalization.’ To naturalize a person is to admit him to citizenship. Who are natural-born citizens but those born within the Republic? Those born within the Republic, whether black or white, are citizens by birth – natural-born citizens. There is no such word as white in your Constitution. Citizenship, therefore, does not depend upon complexion say more than it depends upon the rights of election or of office. All from other lands, who, by the terms of your laws and a compliance with their provisions becomes naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural-born citizens.”

  8. “One of our long time hosts in Southern California sent in the following editorial to the Orange County Register:”
    I was wondering how a legit newspaper like the OC Register could print something so asinine.
    But a careful reading shows that Pastor Whitney only claims the op-ed was “sent in” to the Register. I find no evidence it was ever published.
    But for the record, the New York Times did publish articles questioning John McCain’s eligibility because he was born in the Panama Canal Zone.
    http://www.nytimes.com/2008/02/28/us/politics/28mccain.html
    So people should keep in mind this kind of crap isn’t just the province of the right-wing fever swamp. The NY Times is supposedly a trustworthy source of news for our entire country.
    Which explains a lot…

  9. Had Cruz been born in the US, I think there would be no problem. But his Canadian birth does seem to pose a problem.

  10. That is an alternative and minority understanding of the “natural born citizen” clause. It’s typically understood as simply meaning a citizen by birth (as opposed to citizen by naturalization). The Congressional Research Service has done a helpful analysis of the issue. http://www.fas.org/sgp/crs/misc/R42097.pdf

  11. Had Cruz been born in the US, I think there would be no problem. But his Canadian birth does seem to pose a problem.

  12. That is an alternative and minority understanding of the “natural born citizen” clause. It’s typically understood as simply meaning a citizen by birth (as opposed to citizen by naturalization). The Congressional Research Service has done a helpful analysis of the issue. http://www.fas.org/sgp/crs/misc/R42097.pdf

    1. At least they’re more consistent than the folks who regard Obama as ineligible to be president by virtue of having been born in Kenya but who nevertheless feel Cruz should be eligible despite having been born in Canada.

  13. Those who favor white superiority will use any means possible to keep “non-whites” out of places of influence. Maybe next they’ll be doing genetic assessments to decide who is “white” enough. Bias leads to fact-blindness which leads to illogical thinking and poor decision-making. We really need to keep groups like IOTC off the playing field until they understand that “all men are created equal, and are endowed with inalienable rights…”

  14. Those who favor white superiority will use any means possible to keep “non-whites” out of places of influence. Maybe next they’ll be doing genetic assessments to decide who is “white” enough. Bias leads to fact-blindness which leads to illogical thinking and poor decision-making. We really need to keep groups like IOTC off the playing field until they understand that “all men are created equal, and are endowed with inalienable rights…”

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