by Dr. Ed Berry
The best way to discuss Cruz’s ineligibility is to review a real live court case. Einer Elhauge is a Harvard Professor of Law. He is an expert on the “natural born citizen” issue. He has filed an Amicus Curiae to several eligibility lawsuits.
Elhauge’s Statement of Interest of Amicus reads in part:
The amicus is a Harvard Law professor who has researched and written on the natural born citizen clause and other issues of constitutional and statutory interpretation. Because of his research and expertise, he can help identify law or arguments that may not be presented by the parties or that might otherwise escape the Court’s consideration, and he can otherwise assist the Court with an objective assessment of the legal issues.
Elhauge’s Conclusion is:
For the reasons set forth herein, the issue of whether Ted Cruz is a natural born citizen is justiciable and should be resolved in the negative.
Read his pdf for full details. It is not difficult to read. Then comment below on why you think his claim will prevail or fail in a court of law.
Here, I present Elhauge’s core argument. I removed his footnotes and some references and made format changes to present his Amicus for easy reading in Wordpress.
II. Ted Cruz Is Not a Natural Born Citizen
This case has nothing to do with “birther” challenges against President Obama. Those birther challenges rested on wild claims that some murky conspiracy fabricated the birth certificates and newspapers that showed President Obama was born in the United States. In contrast, the challenge here is purely legal: it accepts the facts, as stated by Ted Cruz, that he was born in Canada to a mother who was a private U.S. citizen. [Read more…]