Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

January 7, 2016

Is Ted Cruz Eligible to Be President?

Donald Trump says “others” are raising the question.

If you thought the end of Barack Obama’s presidency would (thankfully) mark the end of controversy of a politician’s birthplace, think again. Thanks to Donald Trump, the issue has returned, though this time with a bull’s eye on Ted Cruz — not coincidentally one of Trump’s most formidable primary opponents.

Cruz was born in 1970 in Canada to a U.S. citizen mother. The Constitution requires that the president be a “natural born” citizen of the United States, and Trump suggested Cruz’s Canadian birthplace might imperil his presidential eligibility — or at least he suggested that other people might suggest it. Perish the thought.

Trump claimed Cruz’s birthplace was a “very precarious” issue that could be detrimental to Cruz should he cinch the nomination. “Republicans are going to have to ask themselves the question: ‘Do we want a candidate who could be tied up in court for two years?’ That’d be a big problem,” said Trump. He added that “a lot of people are talking about it,” and that he’d “hate to see something like that get in his way.” Yes, we’re sure he would simply hate that.

But is there any validity to Trump’s “concern”? In a word, no.

The Congressional Research Service, the arm of the Library of Congress which for more than a century has been tasked with providing (allegedly) non-partisan research and legal analysis to members of Congress, has described a “natural born” citizen as one who is a citizen “at birth” or “by birth,” as opposed to a “naturalized” citizen. According to the U.S. Code, those who are citizens at birth include “a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.” Cruz’s mother was born and raised in Delaware and attended college in Texas, more than fulfilling this requirement.

Furthermore, Neal Katyal and Paul Clement wrote for Harvard Law Review last year, “Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a ‘natural born Citizen’ within the meaning of the Constitution.” The pair liken the case to that of John McCain, who “was born outside the United States on a U.S. military base in the Panama Canal Zone to a U.S. citizen parent,” as well as Sen. Barry Goldwater and Gov. George Romney, who each ran for president without problems regarding their places of birth.

In short, despite Trump’s musings, Cruz is constitutionally and by statute eligible for the nation’s top elected office.

Still, it’s not surprising that Trump has summoned the ghosts of eligibility to haunt the campaign trail — conveniently blaming “other people” for raising the topic. What better way to stir up doubt among Cruz supporters in the weeks leading up to Iowa — where by the way Trump trails Cruz — than to use the Left’s typical tactic of passive aggressively wondering, “Nice candidacy you’ve got there; shame if anything happened to it.”

Indeed, although Trump still leads most polls, in Iowa as well as in delegate-dense California, Cruz is in front. For a campaign that’s big on splash and much smaller on substance, going after the birth issue is only par for the course.

It’s worth noting that Trump seems to be following the same political playbook as Obama, using radical leftist tactics drawn from Saul Alinsky for his own political gain. Suggesting Cruz’s ineligibility for the presidency, for example, aims to increase insecurity, anxiety and uncertainty among the “enemy” — Alinsky’s third rule. Throw a grenade and watch the scramble.

In truth, Trump’s raising the citizenship issue says more about where his own campaign is heading than it does about Cruz’s eligibility. Next thing you know, Trump will be challenging the validity of the Constitution itself. Oh wait, he already has.

> Footnote: In addition to all the above considerations for Cruz’s citizenship, those of us who hold the life of unborn children sacred believe they have citizenship standing as well.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.