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THE 8 U.S. CODE § 1401 DEFENSE OF TED CRUZ FAILS TO SUPPORT CRUZ' NATURAL-BORN CITIZENSHIP, BUT DOES MAKE HIM A CITIZEN.

Some try to argue that because Ted Cruz' mother was a natural-born U.S. citizen, Ted also is a natural-born citizen under 8 U.S. Code § 1401.



As I showed you in, TAKE OFF, EH. IS TED CRUZ IS A NATURAL-BORN CITIZEN? PUNDIT LAWYERS GET THIS SO WRONG, THE HOSERS, when a man is born under the jurisdiction of a law body, there is natural presumption that he must have allegiance to that body. To be a proper citizen, he would need to follow their laws.

If he goes against their laws, he is a criminal. If he goes against their laws specifically to subvert the lawmakers themselves, he is a special kind of criminal. He is a traitor.

Thus he has natural allegiance that derives from the accident of his birth. Hence, he would be natural-born.  No natural born citizen ever needs to decree an oath of allegiance, only artificially-born citizens — naturalized citizens — do.

Cruz isn't a natural born citizen because even if he is a U.S. citizen, Cruz could be one only by a statute of Congress and not one naturally, by the accident of birth. No one can be natural-born citizen who needs the law of Congress to decree his citizenship.

Most don't know that 8 U.S. Code § 1401 does not apply to Ted. The prevailing law at the time of Ted's birth was PL 414. PL 414 was the law under which Cruz was in the process of naturalizing. Ted Cruz became a naturalized U.S. citizen eight years after his birth.

For more on PL414, check out WAS TED CRUZ A U.S. CITIZEN AT BIRTH? THE MCCARRAN-WALTER ACT (THE IMMIGRATION AND NATIONALITY ACT OF 1952) WHICH THE RULED OVER HIM SAYS MAYBE, BUT IT ALSO COULD HAVE STRIPPED HIM OF CITIZENSHIP right here on Bizarro Theater.

Ted Cruz fails completely a test of citizenship under 8 U.S. Code § 1401 until the second to last clause. However, none of these could be used to defend a claim of natural-born. Rather these could be used to defend a claim of U.S. citizenship by legal grant, hence naturalization.

☒ = fails qualification;  ☑ = passes qualification

8 U.S. Code § 1401

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;

Disqualifying factor: Ted was not born in the USA.

(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;

Disqualifying factor: Ted was not born in the USA.

(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;

Disqualifying factor: Ted's dad was not a U.S. citizen

(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;

Disqualifying factor: Ted's mom was not in the USA one year continuous before Ted's birth. Ted's dad is not a U.S. national (e.g., an American Samoan).

(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;

Disqualifying factor: Ted was not born in an outlying possession of the United States

(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;

Disqualifying factor: Ted is not of unknown parentage.

(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

Qualifying factor: Ted's mom, a U.S. citizen,  and Ted's dad lived in the USA for the requisite time.

(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.

Disqualifying factor: Ted was born after that date.

(June 27, 1952, ch. 477, title III, ch. 1, §?301, 66 Stat. 235; Pub. L. 89–770,Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§?1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§?1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, §?12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, §?101(a), Oct. 25, 1994, 108 Stat. 4306.)

NOTE

Some will argue that Ted is a U.S. citizen under (d) claiming that Ted's mom lived in the USA  for a one-year continuous period long before Ted's birth. Yet, the law states this:

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

For the law to account for any one-year continuous period, the law would have needed the verb tense had been. As has been denotes ongoing action, it should be clear what is the intent of the lawmakers.

English has verb tense for a reason. If the statute is defective, Congress will need to change it.

Further, in (d) one one must be a citizen and the other a U.S. national. Ted's dad was not an American Samoan, hence, he was not a U.S. national.

In the past, those born in Guam between the years 1898 and 1950, those born in Puerto Rico between 1898 and 1917, those born in the U.S. Virgin Islands between 1917 and 1927 and those born in the Philippines between 1898 and 1946, were considered U.S. nationals. Ted Cruz's dad was born in Cuba.

Facts remain. A statute that decrees anyone a citizen as 8 U.S. CODE § 1401 does cannot make anyone natural-born. Congress only has the constitutional authority to make naturalized citizens. Article 1 Section 8 specifically states the power:

The Congress shall have Power ... To establish an uniform Rule of Naturalization...
The rule in 8 U.S. CODE § 1401 only naturalizes citizens at birth. Part (a) only echos what has been declared in the Fourteenth Amendment:

Section 1. 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.