22 Mar Is Ted Cruz a “Natural Born Citizen”?
Short answer: yes. Ted Cruz is constitutionally eligible to run for President. As he moves to announce his candidacy tomorrow, the question is sure to flare up again. As most will know, Cruz was born in Canada. He had U.S. citizenship at birth through his mother and the forerunner to section 301(g) of the Immigration and Nationality Act. He also had Canadian citizenship until he formally renounced it only last year.
The constitutional terrain is covered in this 2013 post and an essay of mine in the online Michigan Law Review on the question as presented in the context of John McCain’s Canal Zone birth. This is a terrific case study for demonstrating constitutional evolutions outside the courts. No court will ever touch the question at the same time that particular cases show us where the law is.
One recent addition to the mix: Neil Katyal and Paul Clement have this piece on the Harvard Law Review Forum arguing that Ted Cruz qualifies as “natural born”. If Katyal and Clement say he is natural born, then he is natural born, merits aside. Bipartisan pronouncements from legal policy elites become a source of the law. The Katyal-Clement offering echoes a similar effort by Larry Tribe and Ted Olson with respect to McCain’s eligibility, which was also the subject of a consensus U.S. Senate resolution.
Who can’t love that the question is being raised? Birthers who have challenged Barack Obama’s constitutional eligibility (on the basis of a fictitious birth in Kenya or a lame claim that he is a dual citizen) will have to eat their words now that they have a candidate whose foreign birth/dual citizenship is documented fact. But those ironies shouldn’t distort the answer. There are lots of reasons to oppose a Ted Cruz candidacy, but his citizenship status isn’t one of them.