New lawsuit challenges Cruz eligibility for United States president
It’s not just Sen.
To demonstrate transparency, Ted Cruz should release documents directly related to how and when he obtained USA citizenship, such as a CRBA. Despite Donald Trump’s silence on the issue, Sen.
Trump was born in Queens, New York.
But Cruz is not alone – his fellow Cuban-American presidential candidate and freshman senator is facing similar litigation. “To his kind of judge, Cruz ironically wouldn’t be eligible”, Tribe writes, “because the legal principles that prevailed in the 1780s and “90s required that someone actually be born on USA soil to be a ‘natural born” citizen”.
Other legal scholars disagree with McManamon’s interpretation, arguing the children of American citizens count as natural-born.
But as the First Congress noted, this did not answer the question of citizenship for the children of Americans who are born on foreign soil or while at sea.
The pair squared off during Thursday night’s Republican debate. And today, for better or worse, Ted Cruz is one of “we the people” as surely as Donald Trump. His mother was a U.S. Citizen (born in Delaware) as well as a long-time resident of the United States, who happened to be living in Canada when Ted was born while her husband was temporarily employed there. I also thought it was dumb when some people said that Obama wasn’t eligible to be president.
As Article II, Section 2 of the Constitution declared: “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….”
The complaint was filed Tuesday in U.S. District Court in Houston by Newton B. Schwartz, 85.
“Listen, any time somebody’s attacking your faith, it starts to suggest they’re getting really nervous about what’s happening in the race”, Cruz said.
A loophole for themselves, as Supreme Court Justice Joseph Story wrote 46 years later, was created “out of respect to those distinguished revolutionary patriots, who were born in a foreign land, and yet had entitled themselves to high honours in their adopted country”. And “in 18th-century legal language, “natural” meant the opposite of ‘provided by statute.’ …”
Rubio’s team also challenged the Florida suit on the grounds of standing.
Cruz responded Friday with what he termed an apology, that was more of an attack on NY politicians. Under Canadian law, his place of birth made him a citizen of Canada. That case was dismissed. But not everyone agrees with that, pointing to the clause “subject to the jurisdiction thereof” as proof the 14 Amendment’s drafters has limited intent when drafting that provision. “Now the time has come to have a case for testing it”.
“But Donald”, he said to rising applause, “I’m not going to use your mother’s birth against you”. But the fact that he is a naturalized citizen should not disqualify him. When Trump again raised the issue, Cruz shot back that though the Constitution hasn’t changed recently, his polling numbers have – driving Trump’s “birther” questions. “There was nothing to this birther issue”. Under the Constitution, it does not matter whether the framing generation would have found Cruz eligible.
Republican donors, who had long assumed that the outsider candidates would self-destruct and that voters would rally around someone such as former Florida Gov. Jeb Bush, are suddenly adjusting their thinking and strategies.
John McCain, who was born on a USA military base in Panama, and Republican George Romney, Mitt Romney’s father, who was born to US citizens in Mexico.