Wednesday, November 18, 2015

Response: Canada Free Press Propagates Myth 
That Foreign-Born Persons Can Be President & VP   

Here's a great response to an article pimped at Canada Free Press, among other places, that neuters Article II.


My response to a Canada Free Press article suggesting Trump should pick Cruz for VP and claiming that Cruz is a NBC:

What a twisted logic the author presents. Natural Born Citizen is different from citizen. Just look at the grandfather clause. The first 8 presidents were not NBCs. That's proof that NBC is a higher standard than just plain citizen. NBC applies to the president and VP only...not others in government. It is the highest standard of American that most Americans actually have...but not Cruz...not even close Rafael.

How convenient that the author fails to mention that prior to 1934 a foreign-born child could only inherit American citizenship through the FATHER. ONLY the FATHER! So that means that if Cruz had been born under the precise same circumstances of his actual birth in 1970, i.e., Cuban citizen father, American mother in Canada he could NEVER have received just plain old American citizenship through his mother. It's only a subsequent statute that allowed that to happen through the mother and that was only under certain residency requirements of the mother. Additionally the mother had to proactively apply for the formalization of that citizenship. This is hardly natural law. This is acquiring citizenship thorough a STATUTE. Cruz was born a Canadian citizen:

Persons Born in Canada After December 31, 1946 But Before February 15, 1977 

The Former Act stated that a person born after the 31st day of 1946 was a natural-born Canadian citizen if he/she was born in Canada or on a Canadian ship. Section 3(1)(d) preserves this provision of the Former Act by confirming that a person who was a citizen immediately before February 15, 1977 continued to be a Canadian citizen....and Cruz was born a Cuban citizen:

Cuban citizens by birth are:

those born in national territory, with the exception of the children of foreign persons at the service of their government or international organizations. In the case of the children of temporary foreign residents in the country, the law stipulates the requisites and formalities;  
those born abroad, one of whose parents at least is Cuban and on an official mission;  
those born abroad, one of whose parents at least is Cuban, who have complied with the formalities stipulated by law;  
those born outside national territory, one of whose parents at least is Cuban and who lost their Cuban citizenship provide they apply for said citizenship according to the procedures stated by law;  
foreigners who, by virtue of their exceptional merits won in the struggles for Cubans liberation, were considered Cuban citizens by birth. 

Cruz ACQUIRED plain old American citizenship (NOT the higher standard NBC status) purportedly through his mother by STATUTE.

Thus Rafael Edward Cruz was born a native born citizen of Canada. a natural born citizen of Cuba (through his Cuban father) and a statutory American plain vanilla citizen provided his mother properly applied for the citizenship and registered his birth.

A Natural Born Citizen acquires citizenship through BOTH parents instantly at birth. A NBC does not rely on man-made laws for status. Hence the difference. It's common sense. That's why the uproar continues about Obama, Cruz and Rubio. The Constitution matters!

For the facts and the law please read this:

Give Us Liberty 1776