Liberal Harvard Law prof Laurence Tribe: It's true, Ted Cruz's eligibility is unsettled

“Despite Sen[ator] Cruz’s repeated statements that the legal/constitutional issues around whether he’s a natural-born citizen are clear and settled,” he told the Guardian by email, “the truth is that they’re murky and unsettled.”…

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In his emails to the Guardian, Tribe discussed Cruz’s own approach to constitutional issues, noting that under “the kind of judge Cruz says he admires and would appoint to the supreme court – an ‘originalist’ who claims to be bound by the historical meaning of the constitution’s terms at the time of their adoption – Cruz wouldn’t be eligible because the legal principles that prevailed in the 1780s and 90s required that someone be born on US soil to be a ‘natural born’ citizen.”…

“On the other hand, to the kind of judge that I admire and Cruz abhors – a ‘living constitutionalist’ who believes that the constitution’s meaning evolves with the needs of the time – Cruz would ironically be eligible because it no longer makes sense to be bound by so narrow and strict a definition.”

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