Montana v. Kennedy 366 U.S. 308 (1961) and Discussion of Ted Cruz’s Foreign Birth Status Questions

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Montana v. Kennedy 366 U.S. 308 (1961) and Discussion of Ted Cruz’s Foreign Birth Status Questions

See this U.S. Citizenship case and decision of the 1961 U.S. Supreme Court, Montana v Kennedy (1961), re the importance of the citizenship of the father when a child is born in a foreign country with only the mother being a U.S. Citizen re Ted Cruz’s presidential eligibility status (Ted Cruz was born in Canada to a foreign national father): or 

While this case does not go directly to the issue of “natural born Citizenship”, which is required per the presidential eligibility clause in our U.S. Constitution as to who can be President and CinC, as it only addresses basic “Citizenship” gained by statutory man-made laws, it is still interesting to know about in regards to prior Supreme Court decisions re children born overseas to a foreign national father.  Under the naturalization powers of the U.S. Congress they can make, liberalize, or later take away paths to basic statutory Citizenship gained by a man-made law/statute.  Subsequent U.S. statutes made gaining basic U.S. Citizenship less stringent. And Congress has in the last several decades since 1961 continually done that over the years. And they plan to continue to do so.  For example, many now in Congress wish to allow the illegal immigrants to gain U.S. Citizenship.  But such statutory laws can never make and take away “natural born Citizenship” gained from Natural Law and the Laws of Nature, which is a person born in the USA to parents who are both U.S. Citizens when their child is born. Although the political parties via Congress have quietly tried to legislate and redefine natural law citizenship, they have failed every time. All attempts at such by liberal Democrats and liberal Republicans (RINOs) died in committee.  Congress and the political parties cannot change the Laws of Nature.  See the various attempts listed in section five at: 

So what do the constitutionally subversive major political parties resort to and do now … just make a joint pact in 2008 to ignore words in the Constitution with the help of the enabling major media.

Back to Ted Cruz and the Montana v Kennedy (1961) Supreme Court discussion of facts of that case and the decision.  If Ted Cruz would have been born before 1934 in a foreign country such as Canada, with a non-Citizen father (Ted Cruz had a non-Citizen father), Ted would not even have been a Citizen of the United States, let alone a “natural born Citizen” to constitutional standards.  Under revised later more generous man-made laws of Congress Ted did get basic naturalized U.S. Citizenship at birth from his mother.  However, even though he inherited basic statutory naturalized U.S. Citizenship from his mother at birth via U.S. naturalization acts passed by Congress, Ted also inherited Cuban or Canadian citizenship from his father, based on his father’s exact status then, since his father up until the time of Ted’s birth in Canada, they were still living in Canada and Ted’s father was not a U.S. Citizen, nor was he even close in time to applying for it.

Fast forward to now and we see Ted after deciding to run for President decided to renounce he Canadian citizenship.  But I’ve heard no word as whether he renounced any Cuban citizenship he may have had from birth gained via his father.  Did Ted’s father renounce his Cuban citizenship in Canada?  No one knows?  But legal renunciations of any of one’s dual-Citizenship parts after one’s birth does NOT in any way change the conditions of your exact Citizenship status at birth. Ted was born a dual/multiple Citizen of more than one country. Ted was not a “natural born Citizen” when he was born, i.e., with sole allegiance to only one country!  And that is what the founders and framers of our Constitution intended and understood.  Future President had to have sole allegiance and unity of citizenship in one and only one country at birth – the United States. The founders and framers did NOT wish that any future President would have “foreign influence” or allegiance claims on them by or at birth.  For national security reasons, they wanted the future Commanders in Chief to have sole allegiance to only the USA.  Obama, a self proclaimed Citizen of the World and with an unknown unproven birth narrative to 100% certainty and using various forged key ID documents, is a classic example of why they put that requirement in there. Obama does not meet the test.  The political parties decided to ignore that part of the eligibility test in 2008.  Now they are at it again. Ted does not meet that test either and never can. An important national security clause in Article II of our Constitution is being ignored by the major political parties and the enabling major media for several candidates now – Cruz, Rubio, and Jindal.  I assume it is because the both major political parties want to ratify forever more the precedence of what they did in the 2008 election cycle with Obama.

Under Natural Law and the understanding and intent of the founders and framers of our Constitution, with Ted being born in Canada to a non-U.S. Citizen father and having more than one allegiance claim and national citizenship at birth, Ted is NOT a “natural born Citizen” of the United States to constitutional standards and thus is NOT eligible to be President and Commander in Chief of our military, even if you like his politics.  A copy of the Montana v Kennedy (1961) case holding is shown below:


U.S. Supreme Court

Montana v. Kennedy, 366 U.S. 308 (1961)

Montana v. Kennedy

No. 198

Argued March 22, 1961

Decided May 22, 1961

366 U.S. 308




Petitioner’s mother is a native-born citizen of the United States, and his father is an Italian citizen who has never been naturalized. They were married in the United States, and their marital relationship has never been terminated. Petitioner was born in Italy in 1906, while his parents were residing there temporarily, and his mother brought him to the United States later in the same year. He has since resided continuously in the United States, and has never been naturalized.

Held: Petitioner is not a citizen of the United States. Pp. 366 U. S. 309-315.

(a) R.S. § 2172, granting inherited citizenship to children born abroad of parents who “now are, or have been,” citizens, applies only to children whose parents were citizens on or before April 14, 1802, when its predecessor became effective. When petitioner was born in 1906, R.S. § 1993 provided the sole source of inherited citizenship for foreign-born children, and it applied only to children whose fathers were citizens. Pp. 366 U. S. 309-312.

(b) Section 5 of the Act of March 2, 1907, which provided that

“a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of . . . resumption of American citizenship by the parent,”

is not applicable to petitioner, since mere marriage to an alien, without change of domicile, did not terminate the citizenship of an American woman either at the time of petitioner’s birth or at the time of his mother’s return to the United States, both of which occurred in 1906. Pp. 366 U. S. 312-314.

(c) A different conclusion is not required by the testimony of petitioner’s mother that she had been prevented from returning to the United States prior to petitioner’s birth by the wrongful refusal of an American Consular Officer to issue her a passport because of her pregnant condition. Pp. 366 U. S. 314-315.

278 F.2d 68 affirmed.





Again,  also visit and see this site re the 1934 law change for children born abroad where only the mother was a U.S. Citizen:

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA

P.S. Also read this essay regarding the constitutional term in the presidential eligibility clause “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: … AND … Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: and Part II:

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Confirmed: Sen Ted Cruz Releases Canadian Birth Certificate – Was a Tri-Citizen at Birth – Did Not Have Sole Allegiance to the USA at Birth – Constitutionally Not Eligible to be U.S. President or Commander in Chief of Our Military

Click on image to learn what a
Click on image to learn what a “natural born Citizen” of the United States truly is. Ted Cruz is not one.
Ted Cruz
U.S. Senator Ted Cruz – citizen of Canada, Cuba, and USA at birth.

Confirmed: Senator Ted Cruz Releases Canadian Birth Certificate – He’s a Canadian Citizen to this Day – Was a Tri-Citizen at Birth – Not a “natural born Citizen” of the United States – He Did Not Have Sole Allegiance to the USA at Birth – Constitutionally Not Eligible to be U.S. President and Commander-in-Chief of our Military

While Ted Cruz was a “Citizen” of the United States at birth via his mother and thus eligible to be a U.S. Senator, he was also a “Citizen” of Canada at birth due to his birth in Canada and a Cuban “Citizen” at birth via his Cuban national father. Thus he was not a “natural born Citizen” of the United States at birth with sole allegiance and unity of citizenship to the United States and thus is NOT constitutionally eligible to be U.S. President and Commander-in-Chief of our military.  Ted Cruz was born with multiple and conflicting legal national allegiances and foreign influences on him via birth. Natural born Citizens are created by natural law and the laws of nature and nature’s Creator, not man-made laws such as USC Title 8 Section 1401 that allows a person born under certain circumstances to obtain a Citizenship Certificate from the U.S. government. Natural born Citizens, due to the facts and laws of nature at their birth, do not need to have a Citizenship Certificate issued by the U.S. government. That Title 8 man-made law does not even have the term natural born in it. Natural born Citizens don’t need said law to be recognized as being Citizens of the United States.  Man-made laws can only create Citizens, not natural born Citizens.  It takes two Citizens with their child born in the USA to create a natural born Citizen per natural law, as codified by Emer de Vattel in his book, Law of Nations or Principles of Natural Law which was used by the founders and framers to write the founding documents, which is a person born with sole allegiance and unity of citizenship at birth.  A dual or tri-Citizen at birth is not a natural born Citizen of any country.  If you don’t believe that the “laws of nature” were studied and used by the founders of our country, read the opening paragraph of the Declaration of Independence. 

”   IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.  We hold these truths to be self evident, … 

This nation and its founding documents to justify breaking away from England and to form our new national federal republican form of government were forged under the Laws of Nature and nature’s Creator, not English common law.  At the federal level we broke totally with England and English common law to establish a new nation with limits on federal power to guarantee the unalienable rights granted by nature and nature’s God to ‘We the People’.  Read the following:  Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: … AND …  the Three Legged Stool Test for Natural Born Citizen  … AND …  Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: and Part II:

UPDATE 1 – 19 Aug 2013:  News update about Ted Cruz’s citizenship status. Ted Cruz intends to renounce his Canadian citizenship: He can do this to help his current multiple-Citizen legal allegiance issues.  But it won’t change his birth status.  He still is not a “natural born Citizen of the United States” and is not constitutionally eligible to be President.  He was not born in the USA to two parents who were Citizens when he was born.  And we still await to hear from Ted Cruz as to his Cuban citizenship obtained from his father a birth.  Is Cruz renouncing that too? Is he doing that quietly in background since that question has not surfaced as clearly as his Canadian citizenship?  Ted Cruz is constitutionally not eligible to be President and Commander-in-Chief of our military.  And, of course, neither is Obama eligible since he was at best a dual Citizen at birth.  Obama may even be an illegal alien and not a U.S. Citizen at all.  That would depend on the final revealed true facts about his birth place and circumstances and early life, when the truth is fully, finally, and factually revealed due to an investigation conducted under the rules of evidence in a court of law or in a congressional investigation and forensically evaluated paper trail documentary proof is provided – not digitally alterable and altered, PhotoShop’d images on the internet.

UPDATE 2 – 07 Dec 2014:   Questions have arisen recently as to whether Ted Cruz’s mother ever even bothered to file for a Certificate of U.S. Citizenship  for Ted when he was born in Canada and thus perfect and register his U.S. Citizenship.  This is required for children born abroad to a U.S. Citizen to become recognized as a U.S. Citizen by Birth using the required Consular Report of Birth Abroad (CRBA). The family lived in Canada for many years before coming to the USA. Requests to Ted Cruz for a copy of his CRBA issued Certificate of U.S. Citizenship have gone unanswered. Why is Ted not being more open and transparent about this?  See:

UPDATE 3 – 30 Dec 2014:  Other people mentioned and considered for U.S. President who are clearly not natural born Citizens and thus constitutionally not eligible to President and Commander-in-Chief:  Rubio, Jindal, and Santorum.

UPDATE 4 – 05 Oct 2015: See this 1961 U.S. Supreme Court case, Montana v Kennedy, re the importance of the citizenship of the father re Ted Cruz’s presidential eligibility status:

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA

“The American people will never knowingly adopt Socialism. But under the veil of indifference to their necessity to continually be “on watch” and at times to stand up and protect our U.S. Constitution from usurpation by progressive/marxist/radical politicians operating in relative secrecy protected by an enabling press and major media … thinking and saying it’s the job of someone else … and living their lives in general apathy about what the national government is up to, they will allow the adoption of every fragment of the Socialist program, until one day America will be a Socialist nation without knowing how it happened.” CDR Kerchner (Ret)’s alert and paraphrasing earlier warnings about the socialist/progressives’ long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government.

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