The Cruz campaign is wanting to delay a Texas eligibility lawsuit against the Canadian born senator.
Cruz wants the court to delay a decision then Congress, by law, would choose the president.
Republican presidential candidate Ted Cruz asked a federal judge in Texas to throw out a challenge to his eligibility to serve if he wins, saying there’s no legal basis to question his status as a “natural-born” U.S. citizen.
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Cruz, who was born in Canada to an American mother and a Cuban father, rejects arguments that he’s disqualified to serve as president because he wasn’t born in the U.S. The senator claims it’s settled constitutional law that American citizenship is conferred on children the moment they’re born to U.S. citizens living abroad. Cruz’s family returned to Texas when he was a child, and he has renounced the Canadian portion of his dual citizenship.
A court ruling on a candidate’s eligibility to serve before a national election “would inappropriately interfere with the electoral college’s constitutional authority to elect the president and to evaluate the qualifications of the candidates seeking that office,” Kruse said. If the electoral college finds the elected candidate is disqualified, the Constitution says Congress — specifically the House of Representatives — will choose the president.