The issue is not citizen by birth but whether Cruz is a NBC according to the Presidential eligibility requirements of the Constitution Section I Article Two:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
It has never been adjudicated in the courts. If you recall in 2008, the Senate commissioned an opinion authored by Lawrence Tribe and Ted Olson on whether McCain was eligible to be President under the Constitution. Here is what they opined.
The Senate issued Resolution 511 finding McCain eligible citing the Tribe-Olson opinion. The courts have never adjudicated the issue. They need to do that more than ever. We have 300,000 to 400,000 anchor babies born each year in the US. They are citizens at birth with no need for naturalization. The same holds true for children born to green card holders and tourists.
The Tribe Olson opinion said that Obama was also an NBC based on the fact that he was born on US soil. Obama was never naturalized. He was a citizen at birth even though his father was a foreign national.
Canada has birthright citizenship making Cruz a Canadian citizen at birth. He only recently renounced that citizenship.
If Cruz gets the nomination, you can bet the Dems will use this issue. It would be better to clear it up now and push SCOTUS to take this issue up ASAP.
“The issue is not citizen by birth but whether Cruz is a NBC”
Same exact thing. Show me anything in the Constitution that there are some people who gain citizenship by birth who are not fully eligible for any office in the country.
Even show a court ruling that such a second class status exists.
You can’t do it.