Donald Trump supporters have filed a lawsuit challenging the eligibility of Sen. Ted Cruz (R-Texas), to run for President.
The lawsuit, filed Feb. 3, 2016 at a District court in Alabama, seeks a judgment “declaring that Rafael Edward Cruz is ineligible to qualify/run/seek and be elected to the Office of the President of the United States of America” due to his Canadian birth.
Several of the five plaintiffs: Sebastian Green, Shannon Duncan, Kathryn Spears, Kyle Spears and Jerry Parker, are backing Trump in the Republican Primary, their attorney, Thomas Drake said.
The lawsuit cites Article II, Section 1 of the Constitution, which rules that “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.” Under that clause, the plaintiffs claim, “Cruz is not a ‘natural born’ citizen of the United States of America." “Mr. Cruz was born in Canada, and obviously Canada is not a territory or protectorate of the United States, it’s not dominion of the United States,” Drake explained. Cruz was born in Calgary, Canada, to an American mother. “You cannot be a natural-born or native-born citizen of two countries."
Cruz, a Constitutional lawyer and former Solicitor General of Texas, has maintained that he is eligible to serve as president, noting the distinction between natural-born and naturalized citizens.
A Federal lawsuit in Texas has also been filed seeking a judgment on whether Cruz is a natural-born citizen. A Texas attorney has filed the a lawsuit questioning Ted Cruz’s eligibility to serve as President. He argues that the question must be presented to the Supreme Court for fair adjudication instead of left up to popular consensus. “The U.S. Constitution is not a popularity document for fair weather only,” says the lawsuit filed by Newton Schwartz. “However persuasive one finds each side in this debate, the final decision ultimately rests in the hands of five or more of nine Justices on the Supreme Court as mandated by the Constitution.”
Critics have also filed a suit in Florida questioning Marco Rubio’s eligibility, arguing that he’s ineligible because his parents were both not citizens at his time of birth in Miami, making him an "Anchor Baby". Neither of his parents was a U.S. citizen at the time of Rubio’s birth, they were Cubans, but ultimately his parents applied for U.S. citizenship and were naturalized in 1975, four years after he was born. Rubio’s lawyers rebutted that argument in a legal filing.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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