Diary

Is Ted Cruz an American citizen?

Of course he is.

Why? because even though he was born in Canada, his birth mother was an American citizen. Trump may insinuate otherwise, a cheap tactic he uses frequently and which is little more than an underhanded gutter ball that he needs to stop using, but regardless, the nationality of a baby goes to its mother’s country and to the jurisdiction that her country claims over her. That’s why we have extradition treaties around the world. Americas can’t just kidnap citizens and their children from foreign countries.

Similarly, a baby born to a Guatemalan, El Salvadorian. Kenyan or Mexican mother who entered our country illegally is the nationality of the mother — and under her mother’s home country jurisdiction.  In other words, the baby’s country has a claim over both the mother and the child. Unless, of course, you read the Fourteenth Amendment to mean that we can confiscate the child’s national identity and keep it against its mother will, if she chooses to return to her (their) native country.

Moreover, think of the problems that could arise if a mother who entered our country illegally chooses to return to her native country with her baby — especially a country that is hostile to America. Would she want to claim her baby an American? And what problems would that create for the baby?

I made the above case in greater detail in a previous Diary, titled: “Why Donald Trump is right about anchor babies and the Fourteenth Amendment.”

In that Diary I wrote, regarding the Fourteenth Amendment:

If being “natural born” in the United States entitles one to automatic citizenship, why add the words “subject to the jurisdiction thereof”? The reason for this is because the predicate controls. Not all children born in the United States are American citizens. If they were not the predicate would be unnecessary. But even more importantly, a child is not the property of the state. A child inherits the nationality, language, ethnicity and legal status of his or her parents’. . .

Hence, the language of Section 1 (of the Fourteenth Amendment) can only be read to concern children born to parents in this country legally. Since the state has no claim over the parents nationality, it can’t take their children and claim jurisdiction over them.

I raise the issue again because it is going to be a crucial issue if either Trump or Cruz becomes President. I believe that what I have written on this subject is going to be crucial to the outcome of the larger question. Because if we start deporting mothers back to their native countries we are going to have to tackle the question of what we will do with babies born here, since we seem to have taken the position that the baby is an American citizen under a perverse reading of the Fourteenth Amendment.

So yes, Ted Cruz is an American citizen, just as a baby born to an El Salvadorian mother living in this country illegally is El Salvadorian. To apply the Fourteenth Amendment two different ways would truly be an unnatural twisting of the Amendment itself.