Under the backdrop of Liberty University in Lynchburg, VA, Senator Ted Cruz (R-Texas) announced his intention to seek the nation’s highest office. He is the first person to officially declare his national candidacy in either party. The earliness of his move suggests he is preparing for an involved constitutional legal battle since questions surround his eligibility to run for president.
According to Article II, Section I of the Constitution, “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to the office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.”
This passage will likely be the subject of arguments directly pertaining to the Cruz candidacy, as his Canadian birth will take the “natural born citizen” phrase to a new level of legal discussion. We will remember the controversy that dogged President Obama’s candidacy, regarding whether or not he was actually born in Hawaii.
It is important to know that each state controls its own ballot access, and all 50 have a different set of qualification procedures. Therefore, it is possible that Mr. Cruz may face a lawsuit pertaining to his eligibility for every state nomination process he attempts to enter. Losing even one of the suits could completely derail his campaign.
So, in addition to making issue and policy pronouncements during the upcoming primaries and caucuses, Mr. Cruz will also be explaining his position that he is a “natural born citizen” because his mother was an American citizen at the time of his birth, thereby qualifying him to run for President.
The Cruz candidacy will be an interesting run for several reasons not the least of which as a potential source for a landmark legal decision.
For more information, please contact David Ashinoff at ashinoffd@agc.org or (202) 547-5013. Return to Top