Cruz releases his birth certificate

posted at 9:21 am on August 19, 2013 by Ed Morrissey

His father fled Castro’s Cuba.  His mother was born in the USA.  No one doubts where Ted Cruz was born — in Calgary, Canada.  In order to settle the issue of his citizenship status, the Senator from Texas has released his birth certificate to the Dallas Morning News, but it’s not likely to have much impact on the debate over his eligibility for the presidency:

Born in Canada to an American mother, Ted Cruz became an instant U.S. citizen. But under Canadian law, he also became a citizen of that country the moment he was born.

Unless the Texas Republican senator formally renounces that citizenship, he will remain a citizen of both countries, legal experts say.

That means he could assert the right to vote in Canada or even run for Parliament. On a lunch break from the U.S. Senate, he could head to the nearby embassy — the one flying a bright red maple leaf flag — pull out his Calgary, Alberta, birth certificate and obtain a passport.

“He’s a Canadian,” said Toronto lawyer Stephen Green, past chairman of the Canadian Bar Association’s Citizenship and Immigration Section.

The circumstances of Cruz’s birth have fueled a simmering debate over his eligibility to run for president. Knowingly or not, dual citizenship is an apparent if inconvenient truth for the tea party firebrand, who shows every sign he’s angling for the White House.

“Senator Cruz became a U.S. citizen at birth, and he never had to go through a naturalization process after birth to become a U.S. citizen,” said spokeswoman Catherine Frazier. “To our knowledge, he never had Canadian citizenship, so there is nothing to renounce.”

The US and Canada have nearly identical birthright citizenship laws. The act of being born inside the country confers automatic citizenship by birth — but so does being born of an adult citizen of the country anywhere else in the world.  The US version of that latter concept wasn’t clarified until well after John McCain’s birth in the Panama Canal zone, but was well established by 1970 when Cruz was born.

The presidential requirement of being a “natural born citizen” in Article 2, Section 1 of the US Constitution is unique, in that the concept has pretty much no other application in American life.  However, it’s not so unique as to be completely without analogy or comprehension.  A natural-born citizen can be defined as an American that does not require extra intervention to access citizenship rights.  If Cruz had to go through the naturalization process to vote, for instance, or to get a US passport, then he would not qualify to run for President.  Instead, Cruz has been able to legally exercise his rights as a citizen without any other intervention except his coming of age, as all American citizens do.  Current law makes it clear that regardless of how Canada sees Cruz, the US saw him as a citizen by provenance of his birth — a natural-born citizen.

So why release the birth certificate at all?  I suspect Cruz is being a little tongue-in-cheek here, since the document really doesn’t have any bearing on the question his critics are asking.  Since the question is itself silly, Cruz must figure the best approach is to have a laugh about it.


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gilled one?

Bmore on August 19, 2013 at 9:25 AM

This is not the long form birth certificate from the hospital! It doesn’t even list the hospital!! Conspiracy!!!1!!

AngusMc on August 19, 2013 at 9:25 AM

Great. Let’s have him run for Prime Minister. Then we’ll have somewhere to go when this place finally burns to the ground.

CurtZHP on August 19, 2013 at 9:25 AM

But under Canadian law, he also became a citizen of that country the moment he was born.

I don’t believe that is true. Cruz was born on 22 December 1970. Canada’s birthright citizenship law did not go into effect until 14 February 1977.

Canadian birthright citizenship is covered in Section 3(1)(a) of the Citizenship Act. It states that:

3. (1) Subject to this Act, a person is a citizen if

(a) the person was born in Canada after February 14, 1977;

Nevertheless…

Just Say ‘No!” To Birtherism

Resist We Much on August 19, 2013 at 9:27 AM

Case closed!

Birthers are a joke. They are as bad as 9/11 truthers.

Ted Cruz is a natural born citizen, as people with functioning brains already knew.

Ted Cruz would be a wonderful breath of fresh air in the White House!

bluegill on August 19, 2013 at 9:28 AM

At least the Birthers are consistent.

joekenha on August 19, 2013 at 9:28 AM

I find this to be very helpful. Hat Tip DaveO

STEP 1: Were you born in the territory of the US?
–if YES, STOP. You are a natural born citizen.
–if NO, go to STEP 2

STEP 2: Were both your parents citizens of the US?
–if YES, STOP. You ARE a natural born citizen.
–if NO, go to STEP 3

STEP 3: Was one of your parents a citizen of the US?
–if YES, go to STEP 4
–if NO, STOP. You are not a natural born citizen.

STEP 4: At the time of your birth, did this parent reside in the US for at least 5 years after attaining the age of 16?
–if YES, STOP. You are a natural born citizen.
–if NO, STOP. You are not a natural born citizen.

DaveO on August 13, 2013 at 9:09 PM

Bmore on August 19, 2013 at 9:29 AM

So why would it matter if Obama were born to an American mother in Kenya?

tikvah on August 19, 2013 at 9:29 AM

More importantly, has he sealed his college transcripts yet? That seems to be a proven winner.

TedInATL on August 19, 2013 at 9:30 AM

Where in the world is Dante to clarify all this with a calm, clear level head?

Bitter Clinger on August 19, 2013 at 9:31 AM

Photoshopped!!!!1!!1!!!11!!!

/

VibrioCocci on August 19, 2013 at 9:31 AM

Well, if Ted goes to Canada… A second look at Calgary?

http://www.ehow.com/about_5375592_requirements-moving-canada.html

lol

Fallon on August 19, 2013 at 9:31 AM

Release your college and law school transcripts, Ted!

Hahaha. Obama has his secreted under lock and key, because he was so stoned he barely showed up in class.

MTF on August 19, 2013 at 9:31 AM

Defining down natural Born Citizen just plays into the hands of the progressives who want us to become subjects of the world.
Two Citizen Parents born On American Soil with no other loyalties.

As RWM quoted the only other Natural Born Citizen aspect, being born on the soil of another sovereign makes you loyal to them, as in your most weak state of being an infant the rulers of that land were your protectors.

Just say no to the watered down inferior citizen definition to also equal Natural Born Citizen.

astonerii on August 19, 2013 at 9:31 AM

All legitimate birth certificates can be broken down into layers of PDF, therefore I doubt the authenticity of this one.

beatcanvas on August 19, 2013 at 9:32 AM

He should release his FS-240, State Department issued “Consular Report of Birth Abroad of a Citizen of the United States.” If he doesn’t have one, he should get one, its easy.

It clearly states that it “… is Proof of United States citizenship by law: 22 USC 2705.” and that Cruz is eligible to be President.

Its a lot more definitive than a Canadian birth certificate showing his mother’s place of birth.

clippermiami on August 19, 2013 at 9:34 AM

beatcanvas on August 19, 2013 at 9:32 AM

Lolz!

Bmore on August 19, 2013 at 9:34 AM

I find this to be very helpful. Hat Tip DaveO

STEP 1: Were you born in the territory of the US?
–if YES, STOP. You are a natural born citizen.
–if NO, go to STEP 2

STEP 2: Were both your parents citizens of the US?
–if YES, STOP. You ARE a natural born citizen.
–if NO, go to STEP 3

STEP 3: Was one of your parents a citizen of the US?
–if YES, go to STEP 4
–if NO, STOP. You are not a natural born citizen.

STEP 4: At the time of your birth, did this parent reside in the US for at least 5 years after attaining the age of 16?
–if YES, STOP. You are a natural born citizen.
–if NO, STOP. You are not a natural born citizen.

DaveO on August 13, 2013 at 9:09 PM

Bmore on August 19, 2013 at 9:29 AM

Sweet, Natural Born Citizen now = Putin bones a spy, spy gets pregnant, spy flies to mexico, Spy crosses the southern border, Spy has child on American Soil, Spy takes child back to russia for grooming, child becomes huge celebrity in socialist loving Hollywood, child becomes president. Is that what Natural Born Citizen is?

astonerii on August 19, 2013 at 9:34 AM

So why would it matter if Obama were born to an American mother in Kenya?

tikvah on August 19, 2013 at 9:29 AM

It wouldn’t.

Resist We Much on August 19, 2013 at 9:35 AM

Ed, it would be nice if you would firmly and unequivocally denounce this ridiculous birtherism.

Ed, why do you treat this like it is an open question among reasonable, informed people?

It’s not! The only people pushing this birther nonsense are people with an anti-Cruz agenda who want to concern troll and create doubt in people’s minds, people who want to appear consistent after having ridiculously engaged in birtherism about Obama and after having called his birth certificate fake, and finally people who are too damn dumb to know any better and who believe any conspiracy Alex Jones types feed them.

Please don’t allow HotAir to give credence to idiot birther crap. Denounce it, please, Ed.

bluegill on August 19, 2013 at 9:35 AM

More importantly, has he sealed his college transcripts yet? That seems to be a proven winner.

TedInATL on August 19, 2013 at 9:30 AM

Yes, he has. All college transcripts are automatically sealed by FERPA, passed into law in 1974.

AngusMc on August 19, 2013 at 9:35 AM

Irrelevant, by 2016 we will have not only amnesty but a presidential order stating that anyone can be POTUS no matter where they were born.

What I really want to know is whether Cruz has ever eaten dog.

Bishop on August 19, 2013 at 9:36 AM

I’m waiting for the Wayne Gretzky endorsement…

Galtian on August 19, 2013 at 9:36 AM

Sweet, Natural Born Citizen now = Putin bones a spy, spy gets pregnant, spy flies to mexico, Spy crosses the southern border, Spy has child on American Soil, Spy takes child back to russia for grooming, child becomes huge celebrity in socialist loving Hollywood, child becomes president. Is that what Natural Born Citizen is?

astonerii on August 19, 2013 at 9:34 AM

Yes. If you don’t like it, get a constitutional amendment passed to change it.

AngusMc on August 19, 2013 at 9:36 AM

Whoever photoshopped Obama’s birth certificate did a better job. Cruz’s looks like something you could pick up at the local office supply store (right next to employee of the month certificates).

Happy Nomad on August 19, 2013 at 9:37 AM

I wish ResistWeMuch could be an official HotAir guest blogger, particularly for covering issues such as this. RWM’s posts are very informative and are a great antidote to the nuttiness.

bluegill on August 19, 2013 at 9:37 AM

As RWM quoted the only other Natural Born Citizen aspect, being born on the soil of another sovereign makes you loyal to them, as in your most weak state of being an infant the rulers of that land were your protectors.

I never said that nor did I write it. The children of English Ambassadors were considered to be natural born subjects as far back as 1351.

Anyhoo, I don’t have the time (nor inclination, if I did) to argue with you today. Have fun.

Resist We Much on August 19, 2013 at 9:37 AM

astonerii on August 19, 2013 at 9:34 AM

I didn’t make the rules. I just thought DaveO’s comment was a good quick way to understand the rules. ; )

Bmore on August 19, 2013 at 9:37 AM

This:

Release your college and law school transcripts, Ted!

Hahaha. Obama has his secreted under lock and key, because he was so stoned he barely showed up in class.

MTF on August 19, 2013 at 9:31 AM

Would be PRICELESS………

RealMc on August 19, 2013 at 9:37 AM

Unless the Texas Republican senator formally renounces that citizenship, he will remain a citizen of both countries, legal experts say.

I’m guessing here, but my bet is that Canadian citizenship is a lot like US citizenship. US courts have ruled that a US Citizen by Birth can never truly relinquish his/her citizenship; you can always reclaim it. So this gesture, while cute and symbolic, is probably meaningless in real terms.

Come on Ted, whip out your FS-240 (or get one) and get on with it.

clippermiami on August 19, 2013 at 9:38 AM

I didn’t make the rules. I just thought DaveO’s comment was a good quick way to understand the rules. ; )

Bmore on August 19, 2013 at 9:37 AM

It is backwards.

astonerii on August 19, 2013 at 9:39 AM

Cruz releases his birth certificate

This “so called” certificate is as legit as a Hooker
in the Vatican….we all Know the guy was a Sandinista
Rebel from Nigaraqua….

O.K., kidding aside, I wish Ted would come out with his
Harvard transcripts and say

“Let’s see yours Mr. President, so we can Compare”

ToddPA on August 19, 2013 at 9:40 AM

Did Cruz start his political career in the home of terrorists whom he later said he didn’t really know?

Bishop on August 19, 2013 at 9:40 AM

Ok, I just read Ed’s post more carefully.

He calls it silly. Very good. I jumped the gun.

Maybe mockery and shrugging it off is more effective.

bluegill on August 19, 2013 at 9:40 AM

Watch. At the 1:11 mark Cruz says what can only be described as the perfect description of the gilled one.

Bmore on August 19, 2013 at 9:41 AM

Watch

Bmore on August 19, 2013 at 9:41 AM

So why would it matter if Obama were born to an American mother in Kenya?

tikvah on August 19, 2013 at 9:29 AM

It souldn’t, assuming its true. All she had to do was register the birth at a US Consulate. But even if she didn’t its not too late, he can still apply for and receive his FS-240 even if his mother didn’t do it at the time of his birth.

so the question remains, with Obama’s legal team why haven’t they simply shipped out the old FS-240 and put and end to this story. But they haven’t so that leads to the speculation that something is rotten .

clippermiami on August 19, 2013 at 9:41 AM

It is backwards.

astonerii on August 19, 2013 at 9:39 AM

Flip it around? lolz!

Bmore on August 19, 2013 at 9:42 AM

Is that what Natural Born Citizen is?

astonerii on August 19, 2013 at 9:34 AM

Yes, you earned yourself a doob.

cozmo on August 19, 2013 at 9:43 AM

Representative John Bingham, the father of the 14th Amendment who was well aware of the founders original intent defined a natural born Citizen as this:

“Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))

A statutory citizen (bestowed by man’s pen) can never be a “natural born” citizen (bestowed by God/nature).

http://en.wikipedia.org/wiki/John_Bingham

Stayright on August 19, 2013 at 9:43 AM

Sweet, Natural Born Citizen now = Putin bones a spy, spy gets pregnant, spy flies to mexico, Spy crosses the southern border, Spy has child on American Soil, Spy takes child back to russia for grooming, child becomes huge celebrity in socialist loving Hollywood, child becomes president. Is that what Natural Born Citizen is?

astonerii on August 19, 2013 at 9:34 AM

Yes. Exactly. Brought to you by the Transformer-in-Chief, Obama and the Dimocrat operatives that helped him forge his birth certificate and the State-Run-Media that enabled and covered all of it up.

Welcome to the two-term President of the lowest common denominator.

Meople on August 19, 2013 at 9:43 AM

More importantly, has he sealed his college transcripts yet? That seems to be a proven winner.

TedInATL on August 19, 2013 at 9:30 AM

What about his medical records? Yes? Than it’s a twofer! He’s a shoe-in.

rrpjr on August 19, 2013 at 9:44 AM

Anyhoo, I don’t have the time (nor inclination, if I did) to argue with you today. Have fun.

Resist We Much on August 19, 2013 at 9:37 AM

Of course not, because your own argument came out to destroy your premise. Born on the Soil is Natural Born by that quote. You say anchor babies are not Natural Born. But your quote to try to argue that people born outside of national borders are natural born citizens contradicts your position that anchor babies are not natural born.

The only logical Natural Born Citizen definition that the founders would have understood would have been born on sovereign soil to two citizen parents.

Other wise the very same situation I put forward above for an anchor baby loyal to Putin becoming a president could be a reality.

astonerii on August 19, 2013 at 9:44 AM

Bmore on August 19, 2013 at 9:41 AM

That’s gotta’ hurt.

cozmo on August 19, 2013 at 9:45 AM

O.K., kidding aside, I wish Ted would come out with his
Harvard transcripts and say

“Let’s see yours Mr. President, so we can Compare”

ToddPA on August 19, 2013 at 9:40 AM

Let’s start with something simpler. Mr. President, show me one person who remembers you from classes at Harvard Law.

Seriously, I don’t recall one “classmate” speaking fondly of the super-smart guy they just knew was going to go far.

Happy Nomad on August 19, 2013 at 9:45 AM

Anyhoo, I don’t have the time (nor inclination, if I did) to argue with you today. Have fun.

Resist We Much on August 19, 2013 at 9:37 AM

I’m with you RWM. Care to go for a ride? ; )

Bmore on August 19, 2013 at 9:46 AM

As RWM quoted the only other Natural Born Citizen aspect, being born on the soil of another sovereign makes you loyal to them, as in your most weak state of being an infant the rulers of that land were your protectors.

Just for the record, this is the quote:

The first and most obvious division of the people is into aliens and natural-born subjects. Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the ligeance, or as it is generally called, the allegiance of the king; and aliens, such as are born out of it. Allegiance is the tie, or ligamen, which binds the subject to the king, in return for that protection which the king affords the subject. The thing itself, or substantial part of it, is founded in reason and the nature of government; the name and the form are derived to us from our Gothic ancestors.

. . .

Allegiance, both express and implied, is however distinguished by the law into two sorts or species, the one natural, the other local; the former being also perpetual, the latter temporary. Natural allegiance is such as is due from all men born within the king’s dominions immediately upon their birth. For, immediately upon their birth, they are under the king’s protection; at a time too, when (during their infancy) they are incapable of protecting themselves.

. . .

When I say, that an alien is one who is born out of the king’s dominions, or allegiance, this also must be understood with some restrictions. The common law indeed stood absolutely so; with only a very few exceptions: so that a particular act of parliament became necessary after the restoration, for the naturalization of children of his majesty’s English subjects, born in foreign countries during the late troubles. And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once. Yet the children of the king’s ambassadors born abroad were always held to be natural subjects: for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent; so, with regard to the son also, he was held (by a kind of postliminium) to be born under the king of England’s allegiance, represented by his father, the ambassador.

To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. (enacted in 1351) that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England: and accordingly it hath been so adjudged in behalf of merchants.

But by several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king’s ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain.

The above is from Blackstone’s Commentaries, with which the Founders would have been familiar with since James Madison, the Father of the Constitution, described Commentaries as ‘a book which is in every man’s hand’ when he was at Virginia’s ratification convention.

Blackstone is talking about children born overseas to British subjects, not children born in Britain. As subjects, Britons are not ‘subject to the jurisdiction thereof’ in the countries in which they reside, at least not as the phrase was intended when written.

When the debate was ongoing over the Fourteenth Amendment, specifically, Section 1, the author made it clear that foreigners and their children born on US soil were not ‘subject to the jurisdiction’ of the United States because they were citizens of other countries.

You are conflating children born to American citizens overseas with children born to illegal immigrants in the United States. That was not the intent. Indeed, it did not become the rule until Justice Brennan declared it so in a footnote in Phyler v Doe in 1982. I disagree with this.

Resist We Much on August 19, 2013 at 9:46 AM

astonerii on August 19, 2013 at 9:44 AM

You must be tokin’ the good stuff today.

You are goofier than usual.

cozmo on August 19, 2013 at 9:46 AM

cozmo on August 19, 2013 at 9:45 AM

; )

Bmore on August 19, 2013 at 9:47 AM

Lefties can’t complain….he nipped this in the bud
Dear leader started the precedent of not showing squat…..no further talk of college transcripts of gop candidates either…..lsm wasn’t concerned about Obamas so that can’t whine now
Hope the candidates remind the lsm of their lack of vetting

cmsinaz on August 19, 2013 at 9:47 AM

Defining down natural Born Citizen just plays into the hands of the progressives who want us to become subjects of the world.
Two Citizen Parents born On American Soil with no other loyalties.

As RWM quoted the only other Natural Born Citizen aspect, being born on the soil of another sovereign makes you loyal to them, as in your most weak state of being an infant the rulers of that land were your protectors.

Just say no to the watered down inferior citizen definition to also equal Natural Born Citizen.

astonerii on August 19, 2013 at 9:31 AM

Sorry, but there is not and never has been any such definition in US law. The term “Natural Born Citizen” appears precisely ONCE in the Constitution and is never defined. It appears once more in a citizenship act of 1783(?) and never appears in law again.

There are TWO kind of citizenship: Citizen by Birth and Naturalized. The definition of Naturalized is fairly obvious and hasn’t changed in 200 years. The definition of Citizen by Birth has changed over time but has been stable since the mid-1950s.

There are TWO and ONLY TWO. There is no “Magic” third kind of citizen whose parents were born in the US, or whatever. Doesn’t exist.

clippermiami on August 19, 2013 at 9:47 AM

Rather than act like the divider-in-chief, Cruz showed leadership in getting out ahead of this. I’m not sure he’s going to run, but he’s shown more leadership than the supposed congressional leaders.

bflat879 on August 19, 2013 at 9:48 AM

Todd I don’t want any candidate showing his transcripts….lsm didn’t bother with Obama so they shouldn’t care about theirs

cmsinaz on August 19, 2013 at 9:49 AM

Anyhoo, I don’t have the time (nor inclination, if I did) to argue with you today. Have fun.

Resist We Much on August 19, 2013 at 9:37 AM

Of course not, because…

astonerii on August 19, 2013 at 9:44 AM

Riiight. I’m running away from the moron that called me a traitor and compared me to Benedict Arnold.

Because like, um, ya know, I didn’t write this on the Mubarak thread BEFORE I responded to you…

I see you are up and at em first thing. ; ) Beat to the punch again. Lolz! ; )

Bmore on August 19, 2013 at 9:23 AM

Lolz. I wish. I haven’t been to bed and I have to accompany a friend to the hospital in a little while for same-day surgery. Fun!

You’re going to have to take my place today (unless they allow computers in the hospital – most don’t). :-)

astonerii, you should tattoo a big ‘L’ on your forehead. You can decide whether it should stand for ‘Liar’ or ‘Loser.’

Resist We Much on August 19, 2013 at 9:29 AM

Resist We Much on August 19, 2013 at 9:50 AM

Cruz isn’t going to run for president. Not in 2016, probably not ever. He is very well placed in the Senate.

happytobehere on August 19, 2013 at 9:50 AM

Just for the record, this is the quote:

The first and most obvious division of the people is into aliens and natural-born subjects. Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the ligeance, or as it is generally called, the allegiance of the king; and aliens, such as are born out of it. Allegiance is the tie, or ligamen, which binds the subject to the king, in return for that protection which the king affords the subject. The thing itself, or substantial part of it, is founded in reason and the nature of government; the name and the form are derived to us from our Gothic ancestors.

. . .

Allegiance, both express and implied, is however distinguished by the law into two sorts or species, the one natural, the other local; the former being also perpetual, the latter temporary. Natural allegiance is such as is due from all men born within the king’s dominions immediately upon their birth. For, immediately upon their birth, they are under the king’s protection; at a time too, when (during their infancy) they are incapable of protecting themselves.

. . .

Nothing like taking a large quote and using only the aspects you like.

You should have just stuck with the first partial quote and I would have been none the wiser.

astonerii on August 19, 2013 at 9:51 AM

I suspect Cruz is being a little tongue-in-cheek here

Love it. Get ‘em, Ted!

petefrt on August 19, 2013 at 9:52 AM

Resist We Much on August 19, 2013 at 9:50 AM

Well the offer for a ride still stands. I can drop you off at the hospital if you’d like. ; )

Bmore on August 19, 2013 at 9:52 AM

astonerii, you should tattoo a big ‘L’ on your forehead. You can decide whether it should stand for ‘Liar’ or ‘Loser.’

Resist We Much on August 19, 2013 at 9:29 AM

If he is under the influence, and takes your advice…he is in a sue happy part of the country. A jury there could see his side.

Just sayin’. And you should have known better.

cozmo on August 19, 2013 at 9:53 AM

So why would it matter if Obama were born to an American mother in Kenya?

tikvah on August 19, 2013 at 9:29 AM

I don’t think that really matters so much. It’s just the easiest thing to pick on. There are bigger questions that needed to be answered:

– was O’s citizenship revoked when he was adopted by his Indonesian father?
– if so, how/when did he get it back?
– where and when was his SSN issued?
– why does his Selective Service card not match others of the same period?
– why does his B/C look so fishy compared to the clean, flat scan of the one above? Does Hawaii have lesser scanning technology than Edmonton, Alberta?

Nutstuyu on August 19, 2013 at 9:55 AM

I think he’s eligible, and “birtherism” in his case would be silly.

However, Ed, I’m curious as to the source of this information?

A natural-born citizen can be defined as an American that does not require extra intervention to access citizenship rights. If Cruz had to go through the naturalization process to vote, for instance, or to get a US passport, then he would not qualify to run for President. Instead, Cruz has been able to legally exercise his rights as a citizen without any other intervention except his coming of age, as all American citizens do. Current law makes it clear that regardless of how Canada sees Cruz, the US saw him as a citizen by provenance of his birth — a natural-born citizen.

Is this your opinion? Drawn from a legal precedent, or historical document of some sort?

I don’t disagree- just am not convinced that this is a generally accepted definition…

cs89 on August 19, 2013 at 9:55 AM

One last question:

Who’d you rather as President:

Canadian-born Ted Cruz or New York-born Peter ‘IRA’ King?

I have no doubt, if the situation became necessary, that Ted Cruz would nuke Canada. Can anyone say the same about Peter King and Northern Ireland?

B-b-but, Peter King was born born to two American citizens on US soil and is a natural-born American so he can’t have divided loyalties!

/

Resist We Much on August 19, 2013 at 9:55 AM

Resist We Much on August 19, 2013 at 9:55 AM

I’ll stick with Cruz. Hop on lets go! ; )

Bmore on August 19, 2013 at 9:57 AM

Todd I don’t want any candidate showing his transcripts….lsm didn’t bother with Obama so they shouldn’t care about theirs

cmsinaz on August 19, 2013 at 9:49 AM

Yeah, I hear you…..but If I were Ted, I would WANT mine out there, being the Harvard Debate Champion, and the guy
who Dershwitz says was the Smartest guy he ever had in Class…

It’s called Bragging. And those who are Good can do it.
The more things covered up, by EITHER side, the worse
we are as a Nation, IMO

ToddPA on August 19, 2013 at 9:58 AM

astonerii on August 19, 2013 at 9:31 AM

Just say no to to worthless effing birthers. Honestly-you need to switch parties.

annoyinglittletwerp on August 19, 2013 at 9:59 AM

B-b-but, Peter King was born born to two American citizens on US soil and is a natural-born American so he can’t have divided loyalties!

/

Resist We Much on August 19, 2013 at 9:55 AM

Not a matter of can’t, but a matter of likelihood.

astonerii on August 19, 2013 at 10:00 AM

I’m going with Scott Brown who has decided to throw his name into the hat for 2016.

Bishop on August 19, 2013 at 10:00 AM

Bishop on August 19, 2013 at 10:00 AM

But you always fall for the hot ones.

cozmo on August 19, 2013 at 10:03 AM

I’ve always said that the issue with BHO’s birth certificate is not whether he was born in Hawaii or Kenya. As stated, if he was born in Kenya to a US citizen, he has US citizenship. The issue, I believe, is the race of the infant listed on the birth certificate, the real, official one.

If a very pregnant white woman goes to the hospital or other medical facility to give birth and is not accompanied by the father (as in BHO’s mother’s case), then gives birth, what would be the logical thing for the authorities to do when listing the race of the baby. They list it as the same as that of the mother, in BHO’s case, WHITE. That would completely blow up the false story of America’s first black president. False, because he is not black, he is bi-racial. But if his real, official birth certificate said, WHITE, he would instantly lose a sizable percentage of the black vote. That would cripple his presidential aspirations.

By the way, I don’t buy into the “African-American” label. If a white person is born in South Africa, then immigrates to the US and becomes a US citizen, they too are “African-American” since they were born in Africa and now are American. But they are wite,. How can they be “African-American”? I’m white, they are black, get over it.

GAlpha10 on August 19, 2013 at 10:03 AM

I’m going with Scott Brown who has decided to throw his name into the hat for 2016.

Bishop on August 19, 2013 at 10:00 AM

For which party?

rrpjr on August 19, 2013 at 10:05 AM

A natural-born citizen can be defined as an American that does not require extra intervention to access citizenship rights.

Is this your opinion? Drawn from a legal precedent, or historical document of some sort?

I don’t disagree- just am not convinced that this is a generally accepted definition…

cs89 on August 19, 2013 at 9:55 AM

It comes from the Edward Morrisey School of Law, and I think that’s where libfreeordie actually got its on-line law degree.

Nutstuyu on August 19, 2013 at 10:06 AM

easy thing to do. wonder why Obama took 4 years to do this basic thing?

unseen on August 19, 2013 at 10:07 AM

For which party?

rrpjr on August 19, 2013 at 10:05 AM

Brown is one of those dual-party members.

unseen on August 19, 2013 at 10:08 AM

Bishop on August 19, 2013 at 10:00 AM

But you always fall for the hot ones.

cozmo on August 19, 2013 at 10:03 AM

Well, he DOES have some attractive Daughters…

…I figure if he wins the nomination, and picks
Fred Upton as his running mate, it will be the
“Two guys with hot Daughters Campaign”

Yeah, I could get behind that….

ToddPA on August 19, 2013 at 10:10 AM

The more things covered up, by EITHER side, the worse
we are as a Nation, IMO

ToddPA on August 19, 2013 at 9:58 AM

It’s not the scandal but the cover up that gets most politicians.

unseen on August 19, 2013 at 10:11 AM

I wish ResistWeMuch could be an official HotAir guest blogger, particularly for covering issues such as this. RWM’s posts are very informative and are a great antidote to the nuttiness.

bluegill on August 19, 2013 at 9:37 AM

I would accept the notion, but I love how she spanks LFOD and puts him back in his chair for a timeout. :)

itsspideyman on August 19, 2013 at 10:14 AM

I hear ya Todd

cmsinaz on August 19, 2013 at 10:15 AM

at this stage of our nation I would rather have a child of an immigrate who fled Marxism because of the horror of that system as a leader then a American who was born to two American parents whom have never known the horrors of communism or who thinks all the world’s problems are due to the white man.

unseen on August 19, 2013 at 10:15 AM

Signed by Canuk Eh?

Wander on August 19, 2013 at 10:15 AM

Ed, Ted Cruz is not a Canadian citizen. The birthright citizenship law in Canada wasn’t passed until 1977, 7 years after his birth. He was an American citizen from birth and has never had any other citizenship. Thus, there is nothing for him to renounce, and no valid question as to his eligibility to run for president.

Sweet, Natural Born Citizen now = Putin bones a spy, spy gets pregnant, spy flies to mexico, Spy crosses the southern border, Spy has child on American Soil, Spy takes child back to russia for grooming, child becomes huge celebrity in socialist loving Hollywood, child becomes president. Is that what Natural Born Citizen is?

astonerii on August 19, 2013 at 9:34 AM

Yes, it is. And if the American people were actually willing to elect a person in that circumstance, then we deserve exactly what we get. But that’s what “natural born citizen” means, and that won’t change unless you can manage to amend the Constitution.

Shump on August 19, 2013 at 10:16 AM

So why would it matter if Obama were born to an American mother in Kenya?

tikvah on August 19, 2013 at 9:29 AM

If it were just that, there would be no issue. He had to be an Indonesian citizen to enroll in a Madrassa in Indonesia. Did he or his mother give up his citizenship to go to school in Indonesia? Did he use that to get a foreign student scholarship to Columbia? The Constitution is specific about the President being a natural born citizen. Produce the real certificate, that ends the conspiracies/paranoia/obfuscation, etc. Obama opened the door that producing a birth certificate isn’t important, I don’t think a Republicans should have to either.

TulsAmerican on August 19, 2013 at 10:18 AM

I suspect Cruz is being a little tongue-in-cheek here, since the document really doesn’t have any bearing on the question his critics are asking.

It’s a brilliant political move, much like when Obama did it.

1) It gets the Birthers riled up, and distracted.

2) It gets your name out there, and keeps it there.

3) It puts the bad news out early, so it can be ‘old’ news by next week. (“We’ve already discussed this, etc.”)

faraway on August 19, 2013 at 10:19 AM

Sweet, Natural Born Citizen now = Putin bones a spy, spy gets pregnant, spy flies to mexico, Spy crosses the southern border, Spy has child on American Soil, Spy takes child back to russia for grooming, child becomes huge celebrity in socialist loving Hollywood, child becomes president. Is that what Natural Born Citizen is?

astonerii on August 19, 2013 at 9:34 AM

you mean like:

Sweet, Natural Born Citizen now = black communist bones a useful idiot, useful idiot gets pregnant, useful idiot has child. Useful idiot takes child back to Indonesia for grooming in both islam and marxism, child becomes huge celebrity in socialist loving Hollywood/ political circles, child becomes president. Is that what Natural Born Citizen is?

yeap that about covers it.

unseen on August 19, 2013 at 10:20 AM

Ted Cruz is a subject of Her Britannic Majesty, Queen Elizabeth II.

Punchenko on August 19, 2013 at 10:20 AM

I wrote about another topic, people like Astonerii are like Evangelical Christians, “It’s the unerring, LITERAL Word of G*d” (In reference tot he Bible). UNTIL< you get to asking about Professional Sex Workers riding atop Seven Headed Dragons, Appearing from the area of Euphrates River Valley…THEN, the Bible is "Figurative"…."Oh that's the Catholic Church/Roman Empire/European Union/Cylon Empire".

So too Astonerii's and other's Constitution, very literal UNTIL that pinches…We have two classes of Citizen, Natural Born and NATURALIZED. There's no third class of citizen mentioned in this glorious document, the US Constitution, a class of citizen who is NOT "Naturalized" but isn't fully Natural Born…

BUT, when necessary, Astonerii and his/her ilk can suddenly produce this third class, of unmentioned citizen….

In their world it's literal UNTIL it's not…kinda like my Evangelical friends.

Sorry Astonerii and Birfers, yours doesn't really pass the fundamental logic test…you are no more or no less than the Troofers, no amount of evidence or logic phases you….you cannot be moved from illogical and non-legally supported position. I will not debate Troofers and I won't debate you. You cannot find that THIRD CLASS of citizen because it doesn't exist, but that's irrelevant in your Birfer World.

Again, Literal until it's not.

JFKY on August 19, 2013 at 10:22 AM

Ted Cruz is a subject of Her Britannic Majesty, Queen Elizabeth II.

Punchenko on August 19, 2013 at 10:20 AM

so if cruz is elected POTUS at least we know Churchill’s bust will be returned to the oval office. correct?

unseen on August 19, 2013 at 10:22 AM

Let me know when Cruz is associated with racist churches, madrassas, domestic bombers, selling and snorting coke, and teaching Alinsky.

faraway on August 19, 2013 at 10:23 AM

at this stage of our nation I would rather have a child of an immigrate who fled Marxism because of the horror of that system as a leader then a American who was born to two American parents whom have never known the horrors of communism or who thinks all the world’s problems are due to the white man.

unseen on August 19, 2013 at 10:15 AM

+1000

ToddPA on August 19, 2013 at 10:27 AM

Ted Cruz would be a wonderful breath of fresh air in the White House!

bluegill on August 19, 2013 at 9:28 AM

Yes, because the air in the WH currently smells of sulfur (TM Hugo Chavez, FOO, Friend of Obama).

freedomfirst on August 19, 2013 at 10:29 AM

I suspect Cruz is being a little tongue-in-cheek here, since the document really doesn’t have any bearing on the question his critics are asking.

It’s a brilliant political move, much like when Obama did it.

1) It gets the Birthers riled up, and distracted.

2) It gets your name out there, and keeps it there.

3) It puts the bad news out early, so it can be ‘old’ news by next week. (“We’ve already discussed this, etc.”)

faraway on August 19, 2013 at 10:19 AM

It’s a dumb move since the Democrats control The Narrative via their prestige media mouthpieces.

Asking about Obama’s birth? Well, that’s crazy frothing at the mouth Birther nonsense veiled in racism. Rinse and repeat.

Asking about Cruz’s birth? Why, we’re just asking the important questions because many, many Americans believe he is not legally eligible to become POTUS. The constitution. The constitution, people.

And the Left — being far better political street fighters — will run with it, make it an issue, inform low-info voters of it as an issue, and deliver the presidency to Hillary. The prestige media will turn it into a national conversation and may even harp on it as a “constitutional crisis” should Cruz be elected.

Punchenko on August 19, 2013 at 10:29 AM

Ed, this whole thing seems a little too convenient for me. 5 years ago it seemed pretty clear that if Obama were to be born in Kenya his “natural born” citizenship would have been seriously questioned. Also, you’ve confused McCain’s “natural born” citizenship with both his parents being US citizens to the fact that the reason there was never any question was he was born at an official US diplomatic outpost outside the US.

Cruz is a great guy, however I think you all should stop playing Constitutional citizenship attorney’s and Cruz should seek a ruling prior to any run. This issue will not be settled without it.

Tater Salad on August 19, 2013 at 10:31 AM

And the Left — being far better political street fighters — will run with it, make it an issue, inform low-info voters of it as an issue, and deliver the presidency to Hillary. The prestige media will turn it into a national conversation and may even harp on it as a “constitutional crisis” should Cruz be elected.

Punchenko on August 19, 2013 at 10:29 AM

They will not really run with it until he is chosen. Until that point they will ignore it.

astonerii on August 19, 2013 at 10:32 AM

I can see that happening Punch

cmsinaz on August 19, 2013 at 10:34 AM

Ted Cruz is a subject of Her Britannic Majesty, Queen Elizabeth II.

Punchenko on August 19, 2013 at 10:20 AM

so if cruz is elected POTUS at least we know Churchill’s bust will be returned to the oval office. correct?

unseen on August 19, 2013 at 10:22 AM

We could probably elect Churchill to the Oval Office since he had an American mother.

Punchenko on August 19, 2013 at 10:34 AM

A natural-born citizen can be defined as an American that does not require extra intervention to access citizenship rights. If Cruz had to go through the naturalization process to vote, for instance, or to get a US passport, then he would not qualify to run for President. Instead, Cruz has been able to legally exercise his rights as a citizen without any other intervention except his coming of age, as all American citizens do. Current law makes it clear that regardless of how Canada sees Cruz, the US saw him as a citizen by provenance of his birth — a natural-born citizen.

All this — dat he he all just said — Is total bullshit.
— My cousin Vinny

That was basically Ed talking out of his ass. Ed is apparently content with allowing a statute that can be changed willy nilly by Congress (determining who is a “citizen” at time of birth) to determine the meaning of a term of art used in the Constitution. A statute amending the meaning of the Constitution? Interesting. The Constitution means what it meant when it was ratified, until it is properly amended. (And no the 14th Amendment concerns citizens, not natural born citizens). A mere act of Congress cannot change the meaning of the Constitution.

I am relatively agnostic as to what the term actually means from a Constitutional perspective, but the certainty of this issue is none, and those who paternalistically claim it is all well settled are all wet.

tommylotto on August 19, 2013 at 10:34 AM

Natural…you don’t get a germen shepherd…from a French poodle and Irish setter…we require an extra level of Citizenship to be President…your parents must be…..at the time of THIER births…US citizens…and ONLY us Citizen…the law of NATURE..And NATIONS…say…you are a Citizen…in the Country you are BORN!

Origin of NATURAL BORN AMERICAN

Vattel’s Law of Nations: § 212. Citizens and natives

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

Imagine the leader of North Korea. Impregnating 5000 women ..they come her have their babies..then go back to North Korea for their “Education” only to comeback here..and you think they are natural Born??????? the words Natural Born Citizen is RIGHT NEXT to the WORD CITIZEN in the constitution??????????????????

http://blockyourid.com/~gbpprorg/obama/NaturalBornCitizenChart2.html

Obama is NOT qualified because he was a KENYIAN CITIZEN. Because its where his FATHER WAS BORN..Obama gave up his Citizenship in Kenya..(and britian) in the early 90″s!!????

NATURAL BORN!!!!!!!!!!!!!!!!! you are the sum totals of your PARENTS!!!!!?????????????????????????

billofrights on August 19, 2013 at 10:36 AM

I am not a birther but I admit I hope we discover at some point Obama is not American.

That is how much I and many others dislike our spindly president.

Hope!

And I want Obama impeached, too.

Sherman1864 on August 19, 2013 at 10:37 AM

there are two documents..regarding births in Hawaii..one is the “long form Birth Certificate..the other..is a Live birth Certificate..one is when you are born in Hawaii..and one is when you are NOT born in Hawaii..this was the custom in Hawaii AT THE TIME it was said Obozo was Born…later codified into Law

Hawaiian Law [§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.

(c) The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. [L 1982, c 182, §1] haiwaii

***NOW*** what does it say at the top of the “Document” “they” released???????

***NOW*** what document is it???…..is it the one you get when you are born IN the State???…or the one where you are NOT born in the state???????????????????

billofrights on August 19, 2013 at 10:38 AM

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