Does this sound familiar?

Petitioner’s mother is a native-born citizen of the United States, and his father is a XXXX (foreign National) citizen who has never been naturalized. They were married in the United States, and their marital relationship has never been terminated. Petitioner was born in XXXX (foreign country) in 19XX, while his parents were residing there temporarily, and his mother brought him to the United States XXXX year(s) later. He has since resided continuously in the United States, and has never been naturalized.

Is this person a US Citizen? Is this Person a “Natural Born Citizen’ as required by the United States Constitution?

Now, let’s add some names and dates that we are familiar with.

Petitioner’s mother is a native-born citizen of the United States, and his father is a Cuban citizen who has never been naturalized (when Ted Cruz was born). They were married in the United States, and their marital relationship has never been terminated. Petitioner was born in Canada in 1970, while his parents were residing there temporarily, and his mother brought him to the United States four years later. He has since resided continuously in the United States, and has never been naturalized.

Does this now sound like the life history, narrative, biography of a current Presidential candidate? The same candidate that says that he’s a Natural Born citizen, because he was a citizen at birth. The same candidate that claims it’s settled?

If you said Rafael ‘Ted’ Cruz, then you are correct. But once again, is this person a US Citizen? Is this person a ‘Natural Born Citizen’ as required by the United States Constitution?

The answer is found in the 1961 United States Supreme Court case Montana v. Kennedy

No. 198

Argued March 22, 1961

Decided May 22, 1961

366 U.S. 308

Syllabus

Petitioner’s mother is a native-born citizen of the United States, and his father is an Italian citizen who has never been naturalized. They were married in the United States, and their marital relationship has never been terminated. Petitioner was born in Italy in 1906, while his parents were residing there temporarily, and his mother brought him to the United States later in the same year. He has since resided continuously in the United States, and has never been naturalized.

Held: Petitioner is not a citizen of the United States. Pp. 366 U. S. 309-315.

(a) R.S. § 2172, granting inherited citizenship to children born abroad of parents who “now are, or have been,” citizens, applies only to children whose parents were citizens on or before April 14, 1802, when its predecessor became effective. When petitioner was born in 1906, R.S. § 1993 provided the sole source of inherited citizenship for foreign-born children, and it applied only to children whose fathers were citizens. Pp. 366 U. S. 309-312.

(b) Section 5 of the Act of March 2, 1907, which provided that

“a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of . . . resumption of American citizenship by the parent,”

is not applicable to petitioner, since mere marriage to an alien, without change of domicile, did not terminate the citizenship of an American woman either at the time of petitioner’s birth or at the time of his mother’s return to the United States, both of which occurred in 1970. Pp. 366 U. S. 312-314.

(c) A different conclusion is not required by the testimony of petitioner’s mother that she had been prevented from returning to the United States prior to petitioner’s birth by the wrongful refusal of an American Consular Officer to issue her a passport because of her pregnant condition. Pp. 366 U. S. 314-315.

278 F.2d 68 affirmed.

Page 366 U. S. 309

Again; Held: Petitioner is not a citizen of the United States. Let that sink in again, Petitioner is not a citizen of the United States.

Under the same circumstances as in Montana vs. Kennedy, Ted Cruz is not a US Citizen, and that does not even cover the fact that Ted Cruz renounced his Canadian citizenship in 2014.

The United States Supreme Court in 1961 did settle the matter, Ted Cruz and it says that you are not a US Citizen.

https://supreme.justia.com/cases/federal/us/366/308/