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TalkingDog

(9,001 posts)
Mon Jan 18, 2016, 04:43 PM Jan 2016

What Canadian Law Says About Cruz's Citizenship (hint: He ain't 'Murican)

http://www.examiner.com/article/proof-that-ted-cruz-did-not-become-a-us-citizen-at-birth

According to the Canadian Citizenship Act of 1946, also referred to as the "Act of 1947" because of its effective date, Canada did not allow dual citizenship. This was the first citizenship act in Canada to create a new citizenship status separate from being considered British Subjects. With the pride of a nation first enacting the right to become Canadian Citizens, it would stand to reason why they also chose at the time to not allow dual citizenship. According to the Government of Canada's website, the heading "History of citizenship legislation" states the following:

Up to January 1, 1947, there was no legal status of Canadian citizens, only British subjects. This Act gave legal recognition to the terms “Canadian citizen” and “Canadian citizenship”. The Act established who was and who could become a Canadian citizen. There were many provisions for loss of citizenship, including retention provisions for the first and subsequent generations born outside Canada. The Act also contained provisions which provided special treatment for British subjects. In general, Canadian citizens who acquired citizenship of another country automatically lost Canadian citizenship (dual citizenship was not recognized).

It was not until the passage of the "Citizenship Act" effective on February 15, 1977 that the ability to hold dual citizenship was changed.

(snip)

In order for Ted Cruz to have "become" a US citizen at birth in 1970, his mother would have had to retain exclusive citizenship to the US and filed a CRBA (Consular Report of Birth Abroad) to "obtain" exclusive US citizenship at the time for her son Ted and renounced his automatic "naturally acquired" Canadian citizenship. The process in itself is considered a very abbreviated form of "naturalization", thereby making such persons born outside of the OFFICIAL territories of the United States absolutely ineligible to become President of these United States in at least this one circumstance alone. Given that Canadian law did not allow dual citizenship at the time, then IF his mother filed a CRBA in 1970, his Canadian citizenship would likely have needed to be renounced before a new US citizenship could be granted.
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What Canadian Law Says About Cruz's Citizenship (hint: He ain't 'Murican) (Original Post) TalkingDog Jan 2016 OP
Only American law can decide who is an American citizen and who is not. hack89 Jan 2016 #1
Canadian law doesn't affect American citizenship, just as Mexican law doesn't affect American Yo_Mama Jan 2016 #2
Canadian law is entirely irrelevant jberryhill Jan 2016 #3

hack89

(39,171 posts)
1. Only American law can decide who is an American citizen and who is not.
Mon Jan 18, 2016, 04:47 PM
Jan 2016

what other countries say is irrelevant. Unless Cruz formally renounced his American citizenship, he was born an American and remains an American.

And no, her mother did not have to renounce his Canadian citizenship in order for him to receive his CRBA - his American citizenship was his by birth.

Yo_Mama

(8,303 posts)
2. Canadian law doesn't affect American citizenship, just as Mexican law doesn't affect American
Mon Jan 18, 2016, 04:59 PM
Jan 2016

citizenship. Children born of Mexican nationals here in the US have Mexican citizenship. They are also American citizens, at birth, regardless of the laws of any other country.

I don't know what you think you know, but it is wrong.

Cruz was born into American citizenship. He was never naturalized.

 

jberryhill

(62,444 posts)
3. Canadian law is entirely irrelevant
Mon Jan 18, 2016, 06:29 PM
Jan 2016

If Iran passes a law making all presidential candidates Iranian citizens, and refuses to recognize them as US citizens, it does not affect the status of a single candidate under US law.
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