Questions for Cruz

natural born citizenTed Cruz is indubitably a master debater, but how would he do answering the following questions:

  • Isn’t it true that the vast majority of countries, traditionally under the international law of citizenship at the time of our nation’s founding and even up to the present day, have viewed citizenship as passing from the father at time of birth?
  • If various interpretations of the phrase “natural born citizen” are to include other criteria such as place of birth and citizenship of both parents rather than father alone, would this not result in some individuals having no country (where all such criteria are imposed), and some individuals having multiple countries (where any of the criteria would suffice)?
  • Isn’t it true that the phrase “natural born citizen” comes from natural law and assumes that every individual is a natural born citizen of one (and only one) country?
  • As a natural law concept, is it possible for someone to become a “natural born citizen” of a different country after birth?
  • Wasn’t the whole purpose of the Natural Born Citizen clause to avoid placing in power a chief executive with foreign allegiance?
  • Since the purpose of the Natural Born Citizen clause was to prevent foreign allegiance in the Chief Executive, and since the country of which one is a “natural born citizen” remains constant after birth, wouldn’t you agree that each of the Founders, and I mean every last one of them, would rise up from the dead and take up arms against a presidential candidate who lived his entire life as a dual citizen of Canada and the US and only recently (in 2014) renounced his Canadian citizenship?
  • How would your answer change if the candidate’s father fought for Fidel Castro, became a Canadian citizen in 1973, and never bothered to give up his Canadian citizenship to become a US citizen until a decade ago, as in fact was the case with your father, Rafael Cruz?
  • What if your father (who was still a Cuban citizen when you were born in 1970) had sought to forcibly remove you to Cuba as a boy, in the same manner in which Elian Gonzalez was removed to Cuba–would not the law of nations have held you to be a “natural born citizen” of Cuba?

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David R. Duringer, JD, LL.M, is a concealed firearm instructor and tax lawyer specializing in business and estate planning. He is managing shareholder at Protective Law Corporation, headquartered in Laguna Hills, primarily serving Orange County and Southern California with a satellite office located in Coronado (San Diego County).

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