The attorney, Newton B. Schwartz Sr., filed the 28-page document this week in federal court in Houston, Texas, pointing out that the Constitution says âno person except a natural-born citizenâŚshall be eligible to the office of president.â Schwartz is believed to be the first person to file such a suit about Cruz.
Cruz, who was born in Canada, argues he is a natural-born citizen because his mother was American and therefore he was, too, at birth. Schwartz, saying there has never been a court case on the issue, wants the Supreme Court to rule on Cruzâs eligibility.
ââNatural born citizenâ has never been defined.â
Cruzâs rival, Donald Trump, has spoken about the issue in recent days, including in Thursdayâs debate in Charleston. The New York businessman, competing with Cruz in the polls for first in Iowa, argued the Texan needs a court ruling on the issue.
âI already know the Democrats are going to be bringing a suit,â Trump said during the debate. âYou have a big lawsuit over your head while youâre running. And if you become the nominee, who the hell knows if you can even serve in office? So you should go out, get a declaratory judgment, let the courts decide.â
An annoyed Cruz said at one point during the debate: âIâve spent my entire life defending the Constitution before the U.S. Supreme Court. And Iâll tell you, Iâm not going to be taking legal advice from Donald Trump.â
âI recognize that Donald is dismayed that his poll numbers are falling in Iowa,â Cruz said. âBut the facts and the law here are really quite clear. Under longstanding U.S. law, the child of a U.S. citizen born abroad is a natural-born citizen.â
Source: The Daily Caller