Breaking News

Law Professors Weigh In on Cruz’s Natural-Born Citizen Issue
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)


Photo credit: Ted Cruz’s Facebook page

Summary: Law professors weigh in on whether Ted Cruz is ineligible to run for president because of the natural-born citizen issue.

Considering Donald Trump fueled the “birther attacks” against President Barack Obama, claiming he wasn’t constitutionally fit to serve as president, it isn’t much of a surprise that he’s using the same tactic against Ted Cruz, his opponent in the Republican presidential primary race. What’s surprising is that Trump’s declamation is reverberating with legal scholars, Business Insider reports.


Ted Cruz was born in Canada. His mother was an American citizen and his father Cuban. His mother’s status naturalized him as an American citizen at birth, but does he count as a “natural-born citizen” as Article II of the U.S. Constitution requires?

Laurence Tribe, who taught Obama and Cruz at Harvard Law School, wrote in The Boston Globe: “The constitutional definition of a ‘natural-born citizen’ is completely unsettled, as the most careful scholarship on the question has concluded,” Tribe wrote in The Boston Globe. “Needless to say, Cruz would never take Donald Trump’s advice to ask a court whether the Cruz definition is correct, because that would in effect confess doubt where Cruz claims there is certainty.”

Another legal expert, Cass Sunstein, a professor at Harvard Law School, wrote in Bloomberg View : “On the merits, I agree with Cruz: The Naturalization Act of 1790 counts in his favor, and because he was a U.S. citizen at birth under U.S. law, the better view is that he is natural born. But University of San Diego constitutional specialist Michael Ramsey, a former law clerk to Justice Antonin Scalia, put it well: ‘It’s a mystery to me why anyone thinks it’s an easy question.’”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

Mary Brigit McManamon, a constitutional law professor at Widener University’s Delaware Law School, stated it more bluntly and directly: “Cruz is, of course, a U.S. citizen. As he was born in Canada, he is not natural-born.”

Whether or not this question is answered, with constitutional assurance, it makes a difference to voters. 47 percent of respondents to a Public Policy Polling Survey in Iowa believe being born outside the U.S. means you are ineligible to run for president, Business Insider reported.

Source: Business Insider

Photo credit: Ted Cruz’s Facebook page


Interesting Legal Sites You May Like




Search Now

Patent Agent with 1 year of chemistry experience

USA-CA-Palo Alto

Palo Alto office of our client seeks entry-level patent agent with 1 year of experience. The candida...

Apply Now

Senior Leasing Real Estate Associate Attorney


Phoenix office of an AmLaw firm seeks Senior Leasing Real Estate Associate Attorney with 23 years of...

Apply Now

Senior Tax Controversy Associate Attorney

USA-CA-San Jose

San Jose office of an AmLaw firm seeks Senior Tax Controversy Associate Attorney with 10+ years of e...

Apply Now


Legal Secretary / Assistant


Small boutique litigation firm seeks a legal assistant with a minimum of two (2) years legal secreta...

Apply now

Associate Attorney

USA-CA-Los Angeles

Boutique law firm in Downtown Los Angeles looking to hire a family law attorney with substantial fam...

Apply now

Associate Director, Legal & Compliance

USA-CA-Manhattan Beach

POSITION SUMMARY The Legal and Compliance role is responsible for contract processing and managemen...

Apply now

Managing Attorney - New York City

USA-NY-New York City

The Managing Attorney will be joining a group of exceptional public interest attorneys to directly i...

Apply now


To Top