IS “AMERICAN” THE SAME AS “NATURAL BORN CITIZEN?”
by Sharon Rondeau
On Monday, a group of three New Jersey voters represented by Atty. Mario Apuzzo and write-in presidential candidate Victor Williams argued to Judge Jeff Masin that Cruz, who was born in Canada, does not meet the eligibility criterion of “natural born Citizen,” as required by Article II of the U.S. Constitution.
On Tuesday, Masin rejected those arguments and contended that Cruz, born to a Cuban-citizen father and presumed U.S.-citizen mother in Calgary, Alberta, Canada, is “indeed a natural born Citizen within the contemplation of the Constitution.”
At the time the Constitution was written, dual citizenship, with which Cruz was reportedly born, was not “contemplated.”
New Jersey’s lieutenant governor, Kim Guadagno, who also heads the Department of State, will reportedly review the decision.
Four years ago, Masin ruled that Barack Hussein Obama’s name could remain on the ballot based on Obama’s claimed birth in Hawaii approximately six weeks after a criminal investigation revealed that his long-form birth certificate is a “computer-generated forgery.” Other administrative law courts followed suit.
During the current campaign cycle, judges in the same position have not prevented Cruz’s name from appearing on state ballots. On Monday, Apuzzo told The Post & Email that Masin appeared to accept that Cruz’s foreign birth was a known quantity and that his claimed eligibility rested on the citizenship of his mother at the time of his birth, which has not been proved.
According to one report issued on Tuesday evening, Masin found that “Ted Cruz is an American” without proof. On Monday, NBC News reported that Cruz is, in fact, a “naturalized” U.S. citizen but offered no proof.
The mainstream media often conflates the terms “natural born Citizen” and “U.S. citizen.”
Cruz has presented a Canadian birth certificate and proof that he renounced his Canadian citizenship in May 2014. He has released no documentation showing citizenship in the U.S. despite having run for and won a U.S. Senate seat in 2012.
Cruz has relied on a repealed statute, the 1790 Naturalization Act, as the basis of his claimed “natural born Citizen” status.
Both Apuzzo and Williams have stated that if Cruz’s name is approved for the New Jersey ballot, they will appeal to the New Jersey Superior Court.