Bigbottom is right about the birther difference between Obama and Cruz.
When Obama was born (1961), the
jus sanguinis (citizenship by way of blood relation, as opposed to
jus soli, citizenship by being born on the soil of the country) law
read:
For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true:
[9]
- The person's parents were married at the time of birth
- One of the person's parents was a U.S. citizen when the person was born
- The citizen parent lived at least ten years in the United States before the child's birth;
- A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday
Obama's father was not a citzen, so, all of the tests would apply to Obama's mother. He passes on the first three criteria, his parents were married at the time, his mother was a US citizen, and she lived in the US for at least 10 years before he was born.
However, he fails on the 4th test: his mother did not spend 5 of 10 years living in the US after her 14th birthday. The reason being that she was only 18 at the time of his birth, so she had only spent 4 years after her 14th birthday living in the US.
Therefore, Obama would have no claim to
jus sanguinis US citizenship. His only claim of US citizenship is having been born with the US.
Ted Cruz was born in Canada. His mother was definitely a US citizen. His father fled Castro's Cuba at a young age and did not officially become a US citizen until 2005. Therefore, the same 4-part test applied to Obama above would be used on Cruz. 1) His parents were married at the time of his birth, 2) His mother was a US citizen, born in Delaware in 1935, 3) she lived in the US for at least 10 years prior to his birth, and 4) 5 of those 10 years were after the age of 14. (We know she spent at least 4 years at Rice University in the 1950s.)
So, Cruz passes all 4 tests because his mother was older. Obama would not because he fails #4, which was in effect until 1986. So Obama must have been born within the US to qualify for citizenship.