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[quote=Anonymous][quote=Anonymous]While Cruz has the better of the argument on "natural born citizen", it is an overstatement to claim the issue is settled, because as far as I know it hasn't even been litigated. I agree with posters upthread that any judicial challenge to a Cruz election would almost certainly be dismissed as a political question, and given the strength of the Cruz argument I cannot imagine a Supreme Court setting aside a presidential election on that ground as a practical matter.   I mean think about how that could play out:  Cruz wins, the Supreme Court says he is ineligible, and Cruz says fine, Court, try to make that stick.  No way a federal court risks that on these facts.  (Standing is a red herring, I think, not-being-ruled-by-an-ineligible-President is almost certainly sufficient to create standing.)

Having said that, there is sufficient uncertainty that Trump's attack that the Dems will challenge him is clever and is drawing blood.  People don't want to deal with that, even if the risk is actually rather small, and for good reason.  I don't understand the Trump-as-dummy sense here, his campaign has been tactically brilliant and moved him from joke to likely nominee.  [/quote]

He doesn't have the "better of the argument."  He is a citizen, and nobody disputes that.  What makes him different is that he was not born on the soil of the US or any of its territories or possessions.  That means he is not a [i]natural born[/i] citizen.  The context of "natural born" was clear at the time of the ratification of the Constitution, that it was to be someone born on the soil of the country.  Nobody disputes Trump, because he was born in the US, and his mother's citizenship is irrelevant, his father was an American citizen.  The question of citizenship requirement also came up with John McCain - it was satisfied in his case because his parents were US citizens and he was born in the Panama Canal Zone during a time that it was a US territory.  Same goes for Barry Goldwater, he was born in Arizona before statehood - still a US territory.  The challenge has come up many times before, and it is a legitimate Constitutional question, the precedent has been that it has to be US soil, territories or possessions.  Cruz's Canadian birth is a serious and legitimate issue.[/quote]

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