Can a Canadian Run for President?

Political firebrand, Tea Partier, and Junior Senator from Texas, Ted Cruz, is widely viewed as a potential contender for the Republican presidential nomination in 2016. However, his birth in Alberta, Canada has raised issues regarding his eligibility to run for the presidency. In reference to Section I, Article II of the Constitution:

“No person except a natural born Citizen, or a Citizen of the United States at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”

“Birthers” have, in the past, used this provision to challenge both sitting presidents and presidential contenders, most recently in demanding for the release of President Obama’s birth certificate. Prior to that, in 2008, Republican presidential nominee John McCain faced similar controversy. Born in the Panama Canal Zone, he faced a number of cases filed against his campaign, before the Senate unanimously declared him to be a natural citizen. This, however, does little to resolve the debate. 

Short of a constitutional amendment, there is no uniform interpretation of what a “natural born citizen” is in the context of this provision. Given this, is Cruz—or any other citizen born on foreign soil—eligible to run for the presidency?

            Most legal experts say yes: to be a “natural born” citizen, one must either a) be a US citizen at birth, as in being born in the United States, b) be a US citizen by birth, as in being born to parents who are citizens, or c) be a US citizen born to parents who meet residency requirements. As Cruz’s mother was born in Delaware, through condition b, he is eligible for the presidency insofar as the Supreme Court does not take steps to clarify the provision.

There has never been, nor will there ever seem to be, any shortage of non-eligibility claims raised against presidential hopefuls. There are the examples of Barry Goldwater, who was born in Arizona prior to its statehood, and George Romney, former Michigan governor and father to Mitt Romney, who was born to American citizens in Mexico. Both ran largely unencumbered by their natural birth status.

Cruz will, however, have to deal with the matter of his dual citizenship. Previously, Governor Romney ran in his election with a dual Mexican citizenship. As a dual Canadian citizen, Cruz owes allegiance to both the laws of the United States and Canada. This would, should he win the presidential election, set a dangerous legal situation, if he as the President of the United States were to be bound by Canadian law. Of course, the simple fix would be to revoke his citizenship, as Michelle Bachmann, another possible presidential contender, did with her Swiss citizenship, as she gained citizenship in Switzerland through the marriage of her husband.

           

Bibliography:

Aravosis, John. "How Ted Cruz Killed the Birther Movement." AMERICAblog News RSS. N.p., n.d. Web. 20 Nov. 2013. <http://americablog.com/2013/10/ted-cruz-can-president-can-kenyan-born-obama.html>.

Dobbs, Michael. "McCain's Birth Abroad Stirs Legal Debate." Washington Post. The Washington Post, 02 May 2008. Web. 20 Nov. 2013. <http://www.washingtonpost.com/wp-dyn/content/article/2008/05/01/AR2008050103224_2.html>.

Graham, David. "The Atlantic." The Atlantic. Edgecast Networks, n.d. Web. 20 Nov. 2013. <http://www.theatlantic.com/politics/archive/2013/05/yes-ted-cruz-can-be-born-in-canada-and-still-become-president-of-the-us/275469/>.