U.S. Law Applicable to Ted Cruz

Here is the U.S. law applicable to Ted Cruz.

The Nationality Act of 1940, Pub. L. 76-853; 54 Stat. 1137; was repealed by the McCarron-Walter Act of 1952, Pub. L. 82-414 § 403(a)(42); 66 Stat. 280

Several Amendments to McCarron-Walter:

Date              Statute
Nov. 6, 1966 Pub. L. 89–770 80 Stat. 1322;
physical presence requirements of § 301(a)(7) amended to include service in the Armed Forces
Oct. 27, 1972 Pub. L. 92–584, §§ 1, 3 86 Stat. 1289;
requirements of § 301(a)(7) amended to require two years physical presence between ages of 14 and 28 years old
Oct. 10, 1978 Pub. L. 95–432, §§ 1, 3 92 Stat. 1046;
retention requirements repealed
Nov. 14, 1986 Pub. L. 99–653, § 12 100 Stat. 3657;
Oct. 25, 1994 Pub. L. 103–416, § 101(a) 108 Stat. 4306;
technical changes

The law explicitly states “citizen”, not “natural born citizen”. The law could have stated “natural born citizen”, as was done by the 1790 statute, but it doesn’t.

For the Justice Gray Wong Kim Ark fans, the Supreme Court said:

“A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory, or by authority of congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.” – U.S. v. Wong Kim Ark

N.B. they are speaking of United States law, not ancient English customary law.

This refutes claims that “citizen at birth” equals “natural born citizen” – the Supreme Court in WKA is quite clear on this point:  statutes “conferring citizenship upon foreign-born children of citizens” is naturalization.

Mr. Cruz is a naturalized citizen. His citizenship is acquired by statute, both he and his citizen parent having met the requirements of naturalization statute. The original grant was temporary and conditional, and subject to revocation. His citizenship is entirely a creature of positive law and granted by Congress.


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