![]() “The law in 1970 was that if one of your parents was a U.S. “The question is: What was the law in 1970 when Cruz was born?” said Balkin. The law grants birthright citizenship to a child born overseas if one parent is a U.S. immigration law in 1970, he automatically became an American because his mother was one. citizens, parents who had been deployed to the Panama Canal Zone by the military to serve the country.”īut for Jack Balkin, a constitutional law professor at Yale University, Cruz is a “natural born citizen” because under U.S. “And unlike Cruz, McCain was born to two U.S. citizen at the time of the adoption of the Constitution, and former presidential candidate John McCain, who was born in the Panama Canal Zone when it was under U.S. He compared Cruz to Alexander Hamilton, a founding father who was born in Nevis, but qualified as a U.S. For Tribe, according to this definition, Cruz does not qualify. law was based, a “natural born citizen” would be someone born on American soil. Under English common law, upon which U.S. The crux of the matter is that the Constitution, in Article II, Section 1, Clause 5, states that “no person except a natural born citizen” can be president. “Cruz claims that the narrow, historical meaning of the Constitution is literal, except when it comes to the ‘natural born citizen’ clause,” said Tribe, who taught Cruz when he was a student at HLS in 1994. Loeb University Professor and Professor of Constitutional Law, who teaches at HLS, argued that Cruz is ineligible to hold the presidency, using what he called Cruz’s own strict interpretation of the Constitution. But in the background, the controversy over his birthplace and his eligibility for the nation’s highest office simmered on.Īt the forum “Is Ted Cruz Eligible to Be President?” held Friday at Wasserstein Hall in Harvard Law School (HLS), two constitutional scholars debated whether Cruz’s birth in Calgary, Alberta, to a Cuban father and an American mother disqualifies him to serve as president. With his surprising victory in the Iowa caucuses last Sunday, Republican presidential candidate Ted Cruz solidified his status near the top of the GOP field.
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