“Constitution Check: Is Ted Cruz’s eligibility for the presidency a serious issue?”

Lyle Denniston:

One of the reasons that the issue continues to linger uncertainly as a constitutional matter is that there have been serious barriers to a ruling that courts have not been able to get past.  One is whether anyone can claim a sufficient legal injury from an ineligible presidential candidacy, to satisfy Article III’s limits on federal courts’ power to decide.  Another is that the question is often treated as a “political question,” beyond the authority of the courts because its resolution is lodged with the Electoral College and with Congress.  Another is that the issue usually does not get explored fully before the issue goes away as legally moot because the candidate either did not get a party nomination, or lost an election.

So far, none of the cases involving the Ted Cruz candidacy has resulted in a final ruling, one way or the other, in state or federal courts.   If the Texas senator does not win the GOP nomination, then, of course, the issue will fade away again.  But that is not to suggest that it is not a serious constitutional question that could use an answer – some day.   In the meantime, the voters will be the ones who decide.

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