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Federal “Birther” Suit Filed Against Ted Cruz

Is Sen. Ted Cruz (R-TX) an eligible candidate to be president?  This is the question Texas attorney Newton Schwartz wants to find out through a federal suit.

Brought to mainstream media by Donald Trump this month, Schwartz brings to question the idea of Cruz checking the box of “natural born citizen” through his lawsuit.

“We just want a determination of eligibility,” Schwartz said to CNN’s Ashleigh Banfield Friday afternoon.  “Senator Cruz should welcome this lawsuit.”

Ted Cruz was born in Calgary, Canada, to an American mother and a Cuban father.  He maintained dual citizenship to both the United State and Canada – renouncing his Canadian citizenship in 2014.  Any mention of Canadian citizenship or Canadian ties cannot be found on the “Meet Ted Cruz” biography portion of his presidential candidacy website.

The Washington Post explains several viewpoints with experts, arguing a common law argument, U.S. parent arguments, and debating vagueness in the “natural born citizen” rule to the Constitution; both arguments that Cruz’s situation can fall under without a Supreme Court ruling.  Section I, Article II of the Constitution holds the language in question.

The birther issue was topically relevant in the GOP debate Thursday, January 14.  Donald Trump and Ted Cruz went head-to-head regarding their views.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” attorney Schwartz Sr. said. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

Cruz has maintained that he is a natural born U.S. citizen and released his mother’s birth certificate to prove he is the son of a U.S. citizen.

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