U.S. Law Applicable to Ted Cruz

Article II Eligibility

Here is the U.S. law applicable to Ted Cruz.

The Nationality Act of 1940, Pub. L. 76-853; 54 Stat. 1137; was repealed by the McCarron-Walter Act of 1952, Pub. L. 82-414 § 403(a)(42); 66 Stat. 280

Several Amendments to McCarron-Walter:

Date              Statute
Nov. 6, 1966 Pub. L. 89–770 80 Stat. 1322;
physical presence requirements of § 301(a)(7) amended to include service in the Armed Forces
Oct. 27, 1972 Pub. L. 92–584, §§ 1, 3 86 Stat. 1289;
requirements of § 301(a)(7) amended to require two years physical presence between ages of 14 and 28 years old
Oct. 10, 1978 Pub. L. 95–432, §§ 1, 3 92 Stat. 1046;
retention requirements repealed
Nov. 14, 1986 Pub. L. 99–653, § 12 100 Stat. 3657;
Oct. 25, 1994 Pub. L. 103–416, § 101(a) 108 Stat. 4306;
technical changes

The law explicitly states “citizen”, not “natural born citizen”. The law could have stated “natural…

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The Absurdity of the “US Birth = Natural Born” Position

Article II Eligibility

“No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President…” U.S. Const. art. II, § 1, cl 5.

Two circumstances are enumerated, each specifying the requirements applicable in that circumstance.

The circumstances are “at the time of the adoption of this Constitution”, and “all other times”.

The requirements applicable in each circumstance are “citizen” and “natural born citizen”, respectively.

Citizens are added to the United States by naturalization and by birth in the United States. The 14th Amendment defined “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”.

Art. I, § 8, cl. 4 delegates to Congress the power to “establish a uniform Rule of Naturalization”.

Legislation enabling Art. I…

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Founder and Historian David Ramsay Defines a Natural Born Citizen in 1789

Natural Born Citizen - A Place to Ask Questions and Get the Right Answers

In defining an Article II “natural born Citizen,” it is important to find any authority from the Founding period who may inform us how the Founders and Framers themselves defined the clause. Who else but a highly respected historian from the Founding period itself would be highly persuasive in telling us how the Founders and Framers defined a “natural born Citizen. ” Such an important person is David Ramsay, who in 1789 wrote, A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen (1789), a very important and influential essay on defining a “natural born Citizen.”

David Ramsay (April 2, 1749 to May 8, 1815) was an American physician, patriot, and historian from South Carolina and a delegate from that state to the Continental Congress in 1782-1783 and 1785-1786. He was the Acting President of the United States in Congress Assembled. He was one of the…

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