Is Ted Cruz A ‘Natural Born’ US Citizen? Texas Attorney Files Lawsuit Demanding Supreme Court Decide

Birther 2.0? An 85-year old attorney says “natural born citizen” has never been defined, and only the Supreme Court can do so. 

Ted Cruz has never hidden the fact that even though he’s an American citizen he was born in Canada to a mother from Delaware and a father from Cuba. In fact, it’s part of his stump speech, including how his father left the family but came back because he found God. Cruz grew up in Texas and the rest is history.

Or is it?

Today a Houston, Texas attorney filed suit in federal district court insisting Senator Cruz is not eligible to be President of the United States because he was not “natural born,” one of the few qualifications for president the Constitution demands. Newton B. Schwartz, Sr., in a 28 page complaint is demanding only the U.S. Supreme Court can decide if Cruz is eligible, because “natural born” has never been defined.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Schwartz’s suit says. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

In his suit, Schwartz insists the “entire nation cannot afford such constitutionally confusion and uncertainties overhangings [sic] the electorate process.”

Schwartz told Bloomberg Business News that although he “probably” will vote for Bernie Sanders, he has “nothing against” Sen. Cruz. 

“If he gets cleared, he gets cleared,” Schwartz said. “Let’s just get this thing settled before the primaries and the convention and the election.”

The issue of Cruz’s citizenship is far different than the birther conspiracy theories that the Tea Party for nearly a decade has spread. Respected constitutional lawyers and professors have weighed in on both sides, so clearly there is room for debate. 

But not in Cruz’s mind.

“There’s nothing to this birther issue,” Cruz said during Thursday night’s GOP debate, and attack Donald Trump for even bringing it up. “Since September, the Constitution hasn’t changed. But the poll numbers have. I recognize that Donald is dismayed that his poll numbers are falling in Iowa. But the facts and the law are really clear. Under longstanding U.S. law, the child of a U.S. citizen abroad is a natural born citizen.”

Ironically, Cruz supports denying citizenship to children born in the U.S. to parents who are not American citizens. The Constitution is quite clear on that issue.

 

EARLIER:

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Image by Gage Skidmore via Flickr and a CC license
Hat tip: Talking Points Memo