The antics of Ted Cruz, are again in the news. This time it’s
how he is addressing his citizenship status. As it turns out citizenship status
is quite a study and it led me to some very unlikely places.
To review, all of this emerged out of a question to birther-of-the-first-order Donald Trump over whether Ted Cruz could legally be
president. Trump garnered some fame, or should I say infamy, over his repeated
demands to see President Obama’s long form birth certificate because he couldn’t
possibly be president because he was black Kenyan having a Kenyan father
and being born in Kenya.
Given that Ted Cruz was born in Canada, Trump was asked
whether this disqualified him from ever being president and Trump answered that
he was “perhaps not eligible” to be president.
And all of this attention is because Donald Trump is the
world authority over who can, and who cannot be President of the United States
I suppose.
But rather than just laughing it off, as we should do every time
Donald Trump opens his mouth, it caused people to talk and Ted Cruz produced
his Canadian birth certificate, but rightly claimed his American citizenship
because his mother was an American.
Then Canada spoke up. Canadian law says that anyone born
inside their national boundaries automatically becomes a natural born citizen
of Canada. And because Canada and the United States both recognize dual
citizenship, Ted Cruz is legally a dual citizen of both Canada and America.
Now does that status eliminate Cruz from eligibility
according to the Constitution?
Maybe.
In truth, the Constitution says nothing about dual
citizenship, maybe because the concept would have been foreign to the Founders
(pun intended). But the meaning is clear – the Founders did not want someone
with allegiance to another country to be President, and having someone with
dual citizenship in the office of the President is problematic.
So because Ted Cruz is most definitely running for President
in 2016, he announced last week that he would be renouncing his Canadian
citizenship, making it all copasetic.
Interesting stuff. The original statute governing all of
this is the Naturalization Law of 1790. Only this law deals with exactly what a
“natural born citizen” is. The definition is, naturally, a white person born
within the boundaries of the US (oops, sorry Mr. President) but also included
children born abroad of American citizens to also be citizens.
But my research took a strange turn as I found that this law
was superseded by subsequent laws that tweeked and adjusted things, most
notably the Naturalization Law of 1798. This law extended the time period that
an immigrant would have to reside in-country before becoming a citizen,
extending it from the original 2 year
waiting period to 14 years.
Why do that?
Voter suppression.
It turns out that most of the people who would vote for
Republican Party candidates, Thomas Jefferson being the most prominent at the
time, and not for Federalist candidates were newly naturalized immigrants –
former citizens of Ireland and France. What better way to keep them from voting
for Jefferson than to prevent them from becoming citizens?
Voter Suppression!!!
But it didn’t work. Eventually Jefferson’s party took power anyway.
Then as now, voter suppression only serves the party whose
adherents are suppressed.