Since the birthers have turned their wandering (crazy) eyes to Ted Cruz, I figured it’s worth discussing citizenship again. My first page here was on the history (and positive points) of birthright citizenship. This one is going to be about who actually qualifies as a natural born citizen of the United States.

So, first things first, the Constitution, specifically the Fourteenth Amendment states:

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.

The only other time that the difference in citizenship is mentioned is when it comes to one’s eligibility to be president. You have to be a “natural born citizen” to be president or vice-president (because the qualifications for each office is technically the same). You just have to be a citizen to be eligible for the House or Senate. You actually don’t (technically) need to be a citizen to sit on the bench as a judge or to hold a cabinet position.

Now, I should also mention that among Congress’ responsibilities in Article I, Section 8 is the power “To establish an uniform Rule of Naturalization.” And Congress has passed laws on citizenship. There’s a long, complicated history which I discussed very briefly in the post linked above; and another even longer, more complicated history when it comes to how Native Americans were treated under citizenship laws. But for this discussion, it’s really about the current state of the law and how it affects more than 95% of the people living today.

Here’s 8 USC 1401, which defines citizenship and nationality.

The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe:
Provided
, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) 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:
Provided
, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

So, if you meet any of these qualifications, you are a citizen of the United States at birth, or a natural born citizen.

When it comes to the three most famous cases, they are all covered. Obama is actually covered twice because 8 USC 1405 specifically says that anyone born in Hawaii on or after April 30, 1900 is a citizen at birth. Likewise, McCain, who was born in the Panama Canal Zone was a citizen at birth under 8 USC 1403.

That leaves us with Ted Cruz. Sadly, there’s no specific provision dealing with people born in Canada. Cruz, for those who don’t know and/or care about when and where he was born, was born in Calgary, Alberta (that would be in Canada, which would not be a part of the United States… yet), in 1970.

So, Cruz wasn’t born here, so he shouldn’t be a natural born citizen, right? Nope. He’s obviously covered by 8 USC 1401(g). He was born in Canada (outside of the United States and its outlying possessions, for now), to one parent who was an alien (Rafael Cruz is from Cuba, possibly by way of Alpha Centari), and one parent who was a citizen who, prior to the birth of such person, was physically present in the United States for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years (his mother).

Unless the birthers can show that Cruz’s mother doesn’t meet those qualifications, we are stuck with Ted Cruz as a natural born citizen. And for the record, according to Cruz’s biography on Wikipedia (not the best source, but good enough for this topic), Cruz’s mother was born in Delaware and earned a mathematics degree from Rice University in the 1950s (Rice University, for those keep score at home, is in Texas, which is currently, for good or ill, a part of the United States and was also in the 1950s).

Will this make any of this go away? Probably not, because it turns out that Trump supporters tend to be misinformed and misinformed voters tend to cling most to their beliefs.