Senator Ted Cruz was the first to place his bid as a major candidate in the U.S. Presidential Race. However, Cruz was faced with questions of his eligibility to run. Despite this, a Pennsylvania Judge sides with Cruz and rules that he is eligible to run.
The U.S. Constitution states that for a citizen to be eligible to run for presidency he must be 35 years of age, a resident of the USA for 14 years and lastly, "a natural-born citizen."
Judge Dan Pellegrini argues that, "a natural-born citizen includes any person who is a United States citizen from birth." Such statement is favorable for the senator who was born to an American mother.
Meanwhile, some individuals are against this kind of idea and says that a natural-born citizen is one who was born in the USA. Therefore, if this idea is followed, Ted Cruz is not considered a natural-born citizen since he was delivered in Canada.
According to an opinion published in The Washington Post, Mary Brigid McManamon points out that "Donald Trump is actually right about something: Sen. Ted Cruz is not a natural-born citizen." This implies that Cruz is not eligible to run for presidency. However, the definition of a natural-born citizen is not defined in the U.S. Constitution nor by the Supreme Court (SC). This may explain the silence of the SC regarding the issue.
McManamon says that the concept of a "natural-born" citizen comes from common law and it is the common law to which we should turn in case of definitions as the SC similarly states. She added that, James Madison, "father of the Constitution," stated, "It is an established maxim that birth is a criterion of allegiance. . . . [And] place is the most certain criterion; it is what applies in the United States."
Nevertheless, the issue of citizenship has been a prevalent issue due to its alleged ambiguity. Many are saying that common law should be followed in which Cruz would be uneligible to run.
Politifact reports that courts have been reluctant to address the issue of citizenship. Politifact further reported that Sarrah Duggin, a professor of law at Catholic University, said, "We know from the McCain lawsuits, courts don't want to touch this." McCain faced questions on his citizenship early in 2008.
Aside from the petition in Pennsylvania, Cruz also faced cases against his citizenship in New York and Illinois which were both dismissed on technical grounds.
