OPEN LETTER TO TED CRUZ

You, sir are not constitutionally eligible to serve in the US Presidency.

To be fair, I admire your qualifications and had pegged you as a Vice President under
Donald Trump, but on my research I find you possibly usurped your US Senate office.
But, our Congress has been so ineptly managed there is little doubt it has been
infiltrated by hostile agents. I call on the FBI to investigate. To see Lindsey Graham
supporting you to remain in the presidential election was an appalling example of his
ignorance of the laws Congress has written since our founding. You see, Congress
writes the laws the State Department must follow when issuing certificates of citizenship
and passports.

Lets see if I can help you unravel the mess of laws youre a caught up in.

READ the US CONSTITUTION. [September 17, 1787]

http://www.archives.gov/exhibits/charters/constitution_transcript.html
Article 1 Section 3 Clause 3:
No Person shall be a Senator who shall not have attained to the Age of thirty Years,
and been nine Years a Citizen of the United States, and who shall not, when elected, be
an Inhabitant of that State for which he shall be chosen.
Article 2 Section 1 Clause 5:
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.

READ Amendments 11-27:

http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

AMENDMENT XIV [1868]

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
The 14th Amendment restricts US citizenship to "born or naturalized in the US".
Which of the United States were you Ted Cruz born in or when did you enter the US to
naturalize?
You Ted Cruz did not become a naturalized US citizen until age 4, or was it 2014 when
you chose to renounce allegiance to Canada in 2014? Not good for one who wants to
serve in the US Senate, but most certainly not in the US Presidency.
You were "born of a US citizen outside the US", then yes you are a US citizen, but not a
natural born citizen, you are a naturalized US citizen. You derived naturalization through
another US citizen.
What difference does it make? You can enjoy every right, privilege and immunity of US
citizenship, and you can serve in any office except the US Presidency. (Luria v US 1913)
You Ted Cruz were born in the Province of Alberta in the Sovereign State of Canada.
OK, so how did you become a US citizen or are you?
You admit you were born outside the US under 8USC1401(g) actually ((8USC1401(a)
(7) circa 1970) and derived naturalization through your US citizen mother. Yes, you are
a naturalized US citizen.
https://www.law.cornell.edu/uscode/text/8/1401

READ U.S. Code Title 8 Chapter 11 Subchapter III 701 to 724a

https://www.law.cornell.edu/uscode/text/8/701
Section 713, act Oct. 14, 1940, ch. 876, title I, subchap. III, 313, 54 Stat. 1145,
related to children born outside United States, one parent a continuous United States
citizen and the other an alien subsequently naturalized. See section 1431 of this title.
https://www.law.cornell.edu/uscode/text/8/1431

Section 715, act Oct. 14, 1940, ch. 876, title I, subchap. III, ?315, 54 Stat. 1146,
related to children born of one parent a United States citizen. See section 1433 of this
title.
https://www.law.cornell.edu/uscode/text/8/1433

READ 22 CFR 50.2 Determination of U.S. nationality of persons abroad.

"The Department shall determine claims to United States nationality when made by
persons abroad on the basis of an application for registration, for a passport, or for a
Consular Report of Birth Abroad of a Citizen of the United States of America. Such
determinations of nationality may be made abroad by a consular officer or a designated
nationality examiner. A designated nationality examiner may accept and
approve/disapprove applications for registration and accept and approve/disapprove
applications for passports and issue passports. Under the supervision of a consular
officer, designated nationality examiners shall accept, adjudicate, disapprove and
provisionally approve applications for the Consular Report of Birth Abroad. A Consular
Report of Birth Abroad may only be issued by a consular officer, who will review a
designated nationality examiner's provisional approval of an application for such report
and issue the report if satisfied that the claim to nationality has been established.
[31 FR 13537, Oct. 20, 1966, as amended at 61 FR 43311, Aug. 22, 1996]"
https://www.law.cornell.edu/cfr/text/22/50.2

Ted Cruz, you had to satisfy 8USC1431 to naturalize as a US citizen. If you chose to
live as a US citizen outside the US, then you would need to satisfy 8USC1433. At any
rate, you were required to enter the US at some point to naturalize.

READ U.S. Code Title 8 Chapter 11 Subchapter III 728 to 746

https://www.law.cornell.edu/uscode/text/8/728
See Section 739, acts Oct. 14, 1940, ch. 876, title I, subchap. III, 339, 54 Stat. 1160;
Jan. 20, 1944, ch. 2, 3, 58 Stat. 4; July 23, 1947, ch. 304, 2, 61 Stat. 414, related to
certificates of derivative citizenship. See section 1452 of this title.
Ted Cruz you also need to apply for a certificate of US citizenship under 8USC1452.
"(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance

A person who claims to have derived United States citizenship through the naturalization
of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the
United States by virtue of the provisions of section 1993 of the United States Revised Statutes,
or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of
May 24, 1934 (48 Stat. 797), or who is a citizen of the United States by virtue of the provisions
of subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality Act of 1940, as amended
(54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat. 667), or of paragraph (c), (d), (e), or (g)
of section 1401 of this title, or under the provisions of the Act of August 4, 1937 (50 Stat. 558),
or under the provisions of section 203 or 205 of the Nationality Act of 1940 (54 Stat. 1139), or
under the provisions of section 1403 of this title, may apply to the Attorney General for a
certificate of citizenship. Upon proof to the satisfaction of the Attorney General that the
applicant is a citizen, and that the applicants alleged citizenship was derived as claimed,
or acquired, as the case may be, and upon taking and subscribing before a member of
the Service within the United States to the oath of allegiance required by this chapter of
an applicant for naturalization, such individual shall be furnished by the Attorney General
with a certificate of citizenship, but only if such individual is at the time within the United
States."

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title8/html/USCODE-2011-title8-chap12subchapIII-partII-sec1452.htm
However, as a naturalized US citizen, you Ted Cruz fail Article 2 Section 1 Clause 5
eligibility. You simply cannot serve as President or VP.
You are not a natural born citizen.
To reach a definition of natural born citizen we examine, [with my emphasis] a popular
Supreme Court case Minor v. Happersett, 88 U.S. 21 Wall. 162 162 (1874).
https://supreme.justia.com/cases/federal/us/88/162/case.html
The Constitution does not in words say who shall be natural-born citizens. Resort
must be had elsewhere to ascertain that. At common law, with the nomenclature of
which the framers of the Constitution were familiar, it was never doubted that all
children born in a country [jus soli] of parents [jus sangunis plus jus sanguinis] who
were its citizens became themselves, upon their birth, citizens also. These were
natives or natural-born citizens, as distinguished from aliens or foreigners. Some
authorities go further and include as citizens children born within the jurisdiction without
reference to the citizenship of their parents [but I do not]. As to this class there have
been doubts, but never as to the first. For the purposes of this case, it is not

necessary to solve these doubts. It is sufficient for everything we have now to

consider that all children born of citizen parents within the jurisdiction are
themselves citizens. The words "all children" are certainly as comprehensive, when
used in this connection, as "all persons," and if females are included in the last, they
must be in the first. That they are included in the last is not denied. In fact, the whole
argument of the plaintiffs proceeds upon that idea.

But, now we realize Barack Hussein Obama, Bobby Jindal, and Marco Rubio are not
natural born US citizens. Barack Hussein Obama, is the usurper, he is de facto, not de
jure. A future President and Congress will need to act to clear up the damages to the
Republic.

Also read:
Luria v. United States, 231 U.S. 9 (1913)
https://supreme.justia.com/cases/federal/us/231/9/
Perkins v. Elg, 307 U.S. 325 (1939)
https://supreme.justia.com/cases/federal/us/307/325/case.html
Montana v. Kennedy 366 U.S. 308 (1961)
https://supreme.justia.com/cases/federal/us/366/308/case.html
Rogers v. Bellei, 401 U.S. 815 (1971).
https://supreme.justia.com/cases/federal/us/401/815/case.html
Miller V. Albright (1998)
https://scholar.google.com/scholar_case?case=16706312627647904855&q=Miller+V.
+Albright+(1998)&hl=en&as_sdt=2006&as_vis=1
Horace Gozon Friend v. Janet Reno (1999)
http://www.ecases.us/case/ca9/762811/99-cal-daily-op-serv-2242-99-cal-daily-op-serv242
Zivotofsky v. Clinton 566 U.S. ___ (2012)

https://supreme.justia.com/cases/federal/us/566/10-699/opinion3.html
The Dirty little Secret Of The Natural Born Citizen Clause Revealed. (2012)
https://naturalborncitizen.wordpress.com/2012/01/27/the-dirty-little-secret-of-the-naturalborn-citizen-clause-revealed/
Mr. Cruz, I thank you for giving me this opportunity to explore constitutional eligibility for
the US Presidency, but you need to drop out of the election now.
Its not racist to defend the US Constitution.
Either we have a sovereign nation or we dont.
Make America Great Again Vote for Trump in 2016.

Respectfully,
Gerry Nance
Carlsbad, CA
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