William Katz:  Urgent Agenda

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CRUZ CONTROL – AT 9:30 A.M. ET:  Yesterday I raised the question of whether one of the new rising stars of Republican politcs, U.S. Senate candidate Ted Cruz of Texas, would be eligible for a national ticket someday.

Cruz's father was born in Cuba and immigrated to the U.S.  His mother is a natural-born American.  Cruz was born in Canada while his parents were working there.  The Constitution requires that a president (and, by inclusion, a vice president), be a natural-born citizen of the United States.  Is Cruz?

Once again, Urgent Agenda's knowledgeable readers come to the rescue.  I received this note from reader David Hanig of Virginia, which seems to answer the question:

Ted Cruz would be a natural born citizen if his mother had lived in the United States for 10 years before his birth in Canada. Under the provisions of 8 USC § 1401(g),  children with only one US citizen parent born before enactment of PL 99-653 on November 14, 1986 would be US citizens from birth if the citizen parent had lived in the United States for 10 years, of which at least five years had to have been after the parent's 14th birthday. Otherwise, Mr. Cruz would have to have been naturalized to be eligible to be a US senator, much less a president.
 
As an aside, this provision of the law makes the controversy over President Obama's birthplace even more ridiculous than it was. If he had really been born in Kenya, he still would be a natural born US citizen because his mother had lived only in the United States up to the point that she first met Barack Obama, Sr., when she was 19.  

COMMENT:  Thank you, Mr. Hanig.  We will be following Ted Cruz closely.  He is the heavy favorite to be elected in November, replacing Kay Bailey Hutchison, who is retiring.  He is that rare combination of an engaging politician and a compelling intellect.  As we noted yesterday, even The New York Times did a positive piece on him.

August 3, 2012