The issue of Obama’s eligibility was discussed and decided by the US Supreme Court in 1898.
Cruz is in a grey area. A court could arguably declare him ineligible.
Given the absence of any legally-determined birth facts for Obama, he might have been born in 1898. But he looks a little young for that so I doubt that his eligibility could have been determined by any court in 1898. To determine Obama’s eligibility we have to start out with some legally-determined birth facts, and Onaka would not verify any birth facts for Obama.
I’m glad that you realize that there are eligibility situations which have not been decided by the courts. The refusal of the courts to take up the eligibility challenges - for ANY of the challenged candidates (McCain, Obama, and the non-US citizen that Donofrio challenged appearing on the NJ ballot) - means that we have precedent of somebody known to not even be a US citizen at all being able to make it to the ballot. If that person had been elected there would presumably be precedent set for a non-US citizen to be President.
This is dangerous stuff. The refusal of the courts to do their jobs means that we have lawlessness, which makes everything shaky.
Under this system, how is somebody like Cruz ever supposed to know whether to spend his money on a Presidential run, or whether it would all be wasted because of an eventual SCOTUS decision? The system is forcing Cruz and/or anybody else with questionable birth circumstances to play “chicken” with the Constitution and with their own money and future. And it is making every person who contributes to his campaign or votes for him in a primary play “chicken” too. It means that if he IS eligible he will still lose votes from some people because they don’t want to take the risk of him being found ineligible. If he ISN’T eligible it means that some eligible conservative candidate loses primary votes to him. The whole thing is unconscionable. The courts are holding us hostage by refusing to settle these questions - “evading” them, as Justice Thomas says. They can be as coy as they want but the truth of the matter is that they are hurting ALL of us by playing cat-and-mouse with the Constitution.
I hate this. I’m about ready to give up on this country altogether, and that’s a sad, sad thing for me to say because I have always loved this country. I don’t even recognize her any more.
The court decided "citizenship" by operation of the 14th amendment. They didn't decide that the 14th repealed article II. In order to have done that they needed to add two words to their decision; "Natural born."
Maybe they ran out of ink?
Cruz is in a grey area. A court could arguably declare him ineligible.
How can someone be "grey" as to whether they are a "natural citizen"? Cruz owes his citizenship to the act of Congress in 1934. Not natural law.