• Source: Gage Skidmore/Flickr
  • Is Ted Cruz A 'Natural Born' US Citizen? Texas Attorney Files Lawsuit Demanding Supreme Court Decide

    Birther 2.0? An 85-year old attorney says "natural born citizen" has never been defined, and only the Supreme Court can do so. 

    Ted Cruz has never hidden the fact that even though he's an American citizen he was born in Canada to a mother from Delaware and a father from Cuba. In fact, it's part of his stump speech, including how his father left the family but came back because he found God. Cruz grew up in Texas and the rest is history.

    Or is it?

    Today a Houston, Texas attorney filed suit in federal district court insisting Senator Cruz is not eligible to be President of the United States because he was not "natural born," one of the few qualifications for president the Constitution demands. Newton B. Schwartz, Sr., in a 28 page complaint is demanding only the U.S. Supreme Court can decide if Cruz is eligible, because "natural born" has never been defined.

    “This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Schwartz's suit says. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

    In his suit, Schwartz insists the "entire nation cannot afford such constitutionally confusion and uncertainties overhangings [sic] the electorate process."

    Schwartz told Bloomberg Business News that although he "probably" will vote for Bernie Sanders, he has “nothing against” Sen. Cruz. 

    “If he gets cleared, he gets cleared,” Schwartz said. “Let’s just get this thing settled before the primaries and the convention and the election.”

    The issue of Cruz's citizenship is far different than the birther conspiracy theories that the Tea Party for nearly a decade has spread. Respected constitutional lawyers and professors have weighed in on both sides, so clearly there is room for debate. 

    But not in Cruz's mind.

    “There’s nothing to this birther issue,” Cruz said during Thursday night's GOP debate, and attack Donald Trump for even bringing it up. “Since September, the Constitution hasn’t changed. But the poll numbers have. I recognize that Donald is dismayed that his poll numbers are falling in Iowa. But the facts and the law are really clear. Under longstanding U.S. law, the child of a U.S. citizen abroad is a natural born citizen.”

    Ironically, Cruz supports denying citizenship to children born in the U.S. to parents who are not American citizens. The Constitution is quite clear on that issue.



    'Drop Dead Ted': NY Daily News Slams Cruz For 'New York Values' Slur

    Here's Ted Cruz Insulting 'New York Values' And Donald Trump Slamming Him (Video)

    GOP Debate: Ted Cruz's Attack On 'New York Values' Sparks Twitter Hashtag Campaign And It's Awesome


    Image by Gage Skidmore via Flickr and a CC license
    Hat tip: Talking Points Memo


    Get weekly news & updates
    Support our work DONATE

    Register to VOTE

    Showing 7 comments

    Please check your e-mail for a link to activate your account.

    • commented 2016-01-16 23:34:54 -0500
      Here is proof that Ted Cruz is not eligible to be president of the United States of America.

      “Natural Born Citizen” and Coverture the original intent of Art. II, Sec. 1, cl. 5 – which original intent continues until changed by amendment – IT DOESN’T MATTER WHO Barack Hussain Obama’s mother was, and it doesn’t matter WHO Ted Cruz’ mother is: Their fathers were not US citizens at the times they were born so THEY ARE NOT “natural born citizens." The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew

      In this document it shows that our Founding Fathers did not need to define “natural born Citizen" in Art. II, Sec. 1, cl. 5 because its definition at the time was widely known. They understood its meaning from Emerich de Vattel’s 1758 classic book The Law of Nations.

      § 212: Natural-born citizens are those born in the country of parents who are citizens – it is necessary that they be born of a father who is a citizen. If a person is born there of a foreigner, it will be only the place of his birth, and not his country.

      § 213: Inhabitants, as distinguished from citizens, are foreigners who are permitted to stay in the country. They are subject to the laws of the country while they reside in it. But they do not participate in all the rights of citizens – they enjoy only the advantages which the law or custom gives them. Their children follow the condition of their fathers – they too are inhabitants.

      § 214: A country may grant to a foreigner the quality of citizen – this is naturalization. In some countries, the sovereign cannot grant to a foreigner all the rights of citizens, such as that of holding public office – this is a regulation of the fundamental law. And in England, merely being born in the country naturalizes the children of a foreigner.

      §§ 215, 216 & 217: Children born of citizens in a foreign country, at sea, or while overseas in the service of their country, are “citizens”. By the law of nature alone, children follow the condition of their fathers; the place of birth produces no change in this particular.

      The Law of Nations
      http://oll.libertyfund.org/titles/2246/212459 How SCOTUS perverted the “equal protection” clause of Sec. 1 of the Fourteenth Amendment.


    • commented 2016-01-16 15:02:19 -0500
      It’s a political question that can’t be touched by courts. There is no standing to sue and really it would be a sore way to win. The purpose of the clause is to exclude foreign interests. We don’t really see much Canadian nationalism coming from Cruz. I’m politically neutral, just saying how I view things.

    • commented 2016-01-16 14:53:12 -0500
      What goes around comes around! The Republicans started this nonsense in 2008 and continues about President Obama not being a US citizen. We are 8 ytars into the Obama “birther” conspiracy and there is no end to it. And, now that Ted Cruz’s citizenship is in question, the Republicans are none too happy. There is even a lawsuit on whether Cruz is a US citizen. It is pathetic, but fun to watch the Republicans squirm.

    • commented 2016-01-15 19:34:12 -0500
      As the right likes to claim to do, let’s discuss what was MEANT by the founders/constitution writers….I really don’t think they intended for a Canadian to be president. But I am LOVING the karma here.

    • commented 2016-01-15 19:30:33 -0500
      My header: MEANWHILE… Since we know a #‎Calgary #‎Canada Native son with a Cuban father can’t be our President …

    • commented 2016-01-15 16:51:14 -0500
      Ted Cruz is a natural born pile of crap.

    • commented 2016-01-15 16:23:47 -0500
      What goes around — comes around.

    Your rights, your movement.
    Join today:
    Your rights, your movement.
    Join today: