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But courts may be forced to weigh in if one of two things occur: A state, citing Cruz’s Canadian birthplace, tries to exclude him from the ballot; or another presidential candidate challenges Cruz’s eligibility.Neither scenario is likely, though there may be a potential wild card this go around: Donald Trump.Most legal experts contend it means someone is a citizen from birth and doesn’t have to go through a naturalization process to become a citizen.If that’s the definition, then Cruz is a natural born citizen by being born to an American mother and having her citizenship at birth.The April 2008 resolution said, "John Sidney Mc Cain, III, is a 'natural born Citizen' under Article II, Section 1, of the Constitution of the United States." It passed unanimously.The Supreme Court’s silence The reason a question still remains even after Romney, Goldwater and Mc Cain is because the Supreme Court — the ultimate arbiter of constitutional questions — has never directly ruled on the citizenship provision for presidential office holders. Some have unsuccessfully challenged the qualifications of presidential contenders, but courts have been reluctant to address the issue.
There are so many issues." Partly, Duggin said, citizens who triggered the lawsuits in the past don’t have standing to sue.
In 2013, the first-term senator — already considered a prospective presidential candidate — released his , which shows his mother was born in Delaware and his father was born in Cuba. What the constitution says We first looked into this issue in 2013 but decided to look again now that Cruz has formally announced.
(A situation similar to Obama, whose mother was born in Kansas and father was African.) Most legal scholars maintain that Cruz is in the clear despite his Canadian birthplace. As we found back then, the constitutional requirements for a presidential candidate created by the Founding Fathers are concise but not readily clear.
The business tycoon and television personality was one of the most outspoken birthers who claimed Obama was born in Kenya, not Hawaii.
While others who erroneously questioned Obama’s birthplace have been silent on Cruz, Trump, a fellow Republican, has not. Somebody could certainly look at it very seriously," Trump told a New York news outlet "He was born in Canada.