There May Be Legitimate Questions About Raphael Cruz’s Eligibility

I thought people were being silly to question Raphael Edward (Ted) Cruz’s eligibility to be President.  One of his parents was a U.S. citizen, so obviously this confers U.S. citizenship on him from birth.

Well!! The Daily Kos has the article Canadian-born Ted Cruz getting birther meds from left and right.  The article has a link to the U.S. State department advisory,  Acquisition of U.S. Citizenship by a Child Born Abroad, and a quote from a U.S. Statute:

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

Who knew that there were legal restrictions on automatically conferring US citizenship at birth?

The Daily Kos article goes on to discuss and quote from the Salon article Ted Cruz’s ironic birther predicament.  This discussion gives details of why one might not be so sure that Cruz is actually eligible to run for President because he might not be a natural born US citizen under the legal definition.

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