Constitution Law Politics

Can Ted Cruz Be President?

Since 2008 one of the new words to be added to the American lexicon is “birther.” It’s used by the left and the media to denigrate people who believe that President Barack Obama is not eligible to be President of the United States.

The left sees birthers as something akin to a conspiracy theorist who believes that President Obama may indeed by some kind of Manchurian Candidate developed by the vast left-wing Islamo-fascist agenda. I don’t happen to believe this. I think that most birthers are passionate Americans who simply want to make sure that the laws are followed and people with a vested interest and love for our nation are our leaders.

The media also sees birthers as tin-foil behatted conspiracy theorists who may or may not be racists as well. The media believes that birthers would not care where the President was born if he were a Republican, and white. I think that the media, as usual, is way off base. I know that birthers are not racists because too many of them are friends of mine – and I am not white, and I think they would support me if I ever ran for office. Also, I know that birthers care about this issue whether the candidate is a Republican or a Democrat because I have had a lot of emails detailing why candidates like Ted Cruz in particular are ineligible to be President.

Now, I happen to disagree. I believe that Ted Cruz is eligible because of the simple argument outlined by Ilya Shapiro of the libertarian Cato Institute.

“It boils down to whether Cruz is a “natural born citizen” of the United States, the only class of people constitutionally eligible for the presidency… What’s a “natural born citizen”? The Constitution doesn’t say, but the Framers’ understanding, combined with statutes enacted by the First Congress, indicate that the phrase means both birth abroad to American parents — in a manner regulated by federal law — and birth within the nation’s territory regardless of parental citizenship… Harvard law professor Laurence Tribe and former solicitor general Ted Olson… co-authored a memorandum in March 2008 detailing the above legal explanation in the context of John McCain’s eligibility… In other words, anyone who is a citizen at birth — as opposed to someone who becomes a citizen later (“naturalizes”) or who isn’t a citizen at all — can be president…

So the one remaining question is whether Ted Cruz was a citizen at birth. That’s an easy one. The Nationality Act of 1940 outlines which children become ‘nationals and citizens of the United States at birth.’ …That single-parent requirement has been amended several times, but under the law in effect between 1952 and 1986 — Cruz was born in 1970 — someone must have a citizen parent who resided in the United States for at least 10 years, including five after the age of 14, in order to be considered a natural-born citizen. Cruz’s mother, Eleanor Darragh, was born in Delaware, lived most of her life in the United States, and gave birth to little Rafael Edward Cruz in her 30s. QED”

The entire article is well written and explains the position in much more depth, but the basic point is that Senator Cruz is eligible to be President, even by the standards of those who may question President Obama’s eligibility.

So dear friends, when the time comes to pull the lever for Ted Cruz (if he is indeed the Republican nominee in 2016),  you can do so boldly knowing that some of our finest legal minds have confidence in his eligibility to be President of the United States.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by EagleRising.com


About the author

Onan Coca

Onan is the Editor-in-Chief at Liberty Alliance media group. He's also the managing editor at Eaglerising.com, Constitution.com and the managing partner at iPatriot.com. You can read more of his writing at Eagle Rising.
Onan is a graduate of Liberty University (2003) and earned his M.Ed. at Western Governors University in 2012. Onan lives in Atlanta with his wife and their three wonderful children.

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