The argument that Ted Cruz is eligible to run for president initially looked strong, then probable but uncertain. But closer examination shows it is surprisingly weak.
The constitutional text provides that a president, unlike other elected officials, must be a natural born citizen. This language could not mean anyone born a citizen or else the text would have simply stated born citizen. The word natural is a limiting qualifier that indicates only some persons who are born citizens qualify. Moreover, when the Constitution was enacted, the word natural meant something not created by statute, as with natural rights or natural law, which instead were part of the common law.
At common law, natural born meant someone born within the sovereign territory with one narrow exception. The exception was for children of public officials serving abroad, which does not help Cruz because his parents were not serving the United States when he was born in Canada. The case of John McCain was entirely different because he was born in a U.S. territory (the Panama Canal Zone) and to U.S. parents who were serving the U.S. military.
http://www.salon.com/2016/01/20/ted...d_law_professor_close_reads_the_constitution/
The constitutional text provides that a president, unlike other elected officials, must be a natural born citizen. This language could not mean anyone born a citizen or else the text would have simply stated born citizen. The word natural is a limiting qualifier that indicates only some persons who are born citizens qualify. Moreover, when the Constitution was enacted, the word natural meant something not created by statute, as with natural rights or natural law, which instead were part of the common law.
At common law, natural born meant someone born within the sovereign territory with one narrow exception. The exception was for children of public officials serving abroad, which does not help Cruz because his parents were not serving the United States when he was born in Canada. The case of John McCain was entirely different because he was born in a U.S. territory (the Panama Canal Zone) and to U.S. parents who were serving the U.S. military.
http://www.salon.com/2016/01/20/ted...d_law_professor_close_reads_the_constitution/
