This coming Thursday, January 14, the Fox Business Network will air the next Republican presidential debate, focusing on economic, domestic and international policy issues. I am holding out hope, however, that one of the moderators asks Donald Trump the following question:
“Mr. Trump, some people have raised the issue of Ted Cruz’s eligibility to seek the presidency, most recently Ann Coulter, a supporter of yours. Most legal scholars agree that Mr. Cruz would be eligible to run for president because his mother was an American citizen at the time of his birth in Canada. Do you agree? And if yes, how is Mr. Cruz’s situation any different from that of President Obama whose mother was also an American citizen born in Kansas?”
Trump needs to be put on the spot. If he disagrees, then why hasn’t he, the “king of the birthers,” aggressively gone after Ted Cruz as he did with our President? If he agrees, then why did he push so hard for the President to produce his long form birth certificate? If a candidate’s birth place is not the deciding factor, then President Obama was always eligible for the office … even if he had been born out of the country (which is clearly not the case), like Ted Cruz?
The constitutional requirements for a presidential candidate created by the Founding Fathers are concise but not very clear. Two provisions are obvious: The candidate must be 35 years of age and a resident of the United States for 14 years. The third qualification: He or she must be a “natural born citizen.”
But what does “natural born citizen” mean?
The Supreme Court — the ultimate arbiter of constitutional questions — has never directly ruled on the citizenship provision for presidential office seekers. And that means a note of uncertainty exists. Legal experts agree that a child becomes a “natural born citizen” if either parent is an American citizen, regardless of where the birth takes place.
There have been a number of unsuccessful citizen lawsuits filed over the years on this issue but they have all been dismissed due to lack of standing. About the only way a court would get involved in this “constitutional ambiguity” is if a state, citing Cruz’s Canadian birthplace, tries to exclude him from the ballot, or another presidential candidate challenges Cruz’s eligibility.
Both highly unlikely!
Getting back to Trump, a question such as the one I propose would be very revealing. If he truly thinks Cruz’s Canadian birth disqualifies him from office, why has he not championed this issue as he did with Obama? If he agrees with the accepted legal understanding that Cruz is a “natural born citizen” because his mother was an American citizen, why did he fight so hard for Obama to prove he was born in the United States… if it doesn’t matter?
It is more than obvious to most people with at least half a brain that the whole “birther” movement was, and is, nothing but a racist reaction to Obama’s status as the first African American president of the United States.
Now if old Jeb wanted to do something useful, he as a plaintiff with standing, should ask a court to weigh in on this important issue, once and for all.
HelenK says
The Trump I know would have attacked Cruz on his Canadian birth even if the law is against Trump. You know, just to cause confusion among conservative voters. Why hasn’t he? You could be right, they have some type of deal going on.
John DeProspo says
Yes, it doesn’t make any sense otherwise. Especially since Cruz is his nearest opponent.
Stephen says
Mr. Trump, are you aware Mr. Obama is half White? DId you know Mr. Carson is Black? Please explain which of them is Muslim and why? These are just a few great questions I’d like to see asked.
How is it that any of this is taken seriously?
And what kind of lousy lawyers wrote this Constitution thing if they didn’t have 7 pages of definitions at the front about what constitutes a “natural born citizen?” Or were they doing it pro bono and cut some corners?
John DeProspo says
I really do wish someone gets on Trump’s “birther” past and why he is not “birthering” now with Cruz.
Greg says
Should be an interesting debate. Can’t wait.
Charles Sloane says
I wish someone would ask for proof that Cruz’s mom registered Rafe Eddy with the American Embassy as an American born in Canada. There is actually a form that NEEDS to be filed ‘as soon as possible” after the birth. From what I heard, Mrs. Cruz actually renounced her US citizenship while leaving with the Cuban in Canada. Still looking for this form. I am sure the US Embassy in Canada would have it, if it was actually filed. I’m betting against that. C’mon Donny, call your buddy Rafe on this!!!!
John DeProspo says
Yes, Rafael’s mother definitely needs to be investigated. Did she renounce her U.S. citizenship? I find the fact that Trump. the king of the birthers, has not aggressively gone after Cruz on his Canadian birth very telling. Even if the law says Cruz would be deemed a “natural born citizen,” when have facts stopped Trump from stirring up controversy?