Delaware 105.9 Blog: Allan Loudell

Widener law prof leading the charge: Ted Cruz ineligible to occupy the Oval Office

I was wondering when Mary Brigid McManamon's critique of the supposed consensus of legal scholars on the meaning of "natural-born" - first appearing in the Catholic University Law Review - would reach a wider audience.

Given Donald Trump's resurrection of the question of Ted Cruz's status, now it has. The WASHINGTON POST has published constitutional law professor McManamon's op-ed: "Ted Cruz is not eligible to be president"

McManamon says most everyone has been relying on the judgment of two former solicitors general that the issue is settled. Of course, lacking any Supreme Court pronouncement, it is not. And she insists most everyone is ignoring English common law's definition of "natural-born", which would have been the operating definition when the Founders drafted our constitution.

I interviewed Professor McManamon a few days ago. While she is adamant in her position, she admits that if Ted Cruz were nominated and then elected, Supreme Court justices might want to find a way to avoid a constitutional and political crisis even more explosive than settling the Bush-Gore election. (This assumes a challenge did not lead to a fast-track ruling BEFORE the election, even before the Republican convention.)

Here's that column in The WASHINGTON POST from Mary Brigid McManamon, constitutional law professor at Widener University's Delaware Law School...

You can hear my recent interview with the professor...

Audio Here

If you want to wade through the original law review article...

Posted at 7:03am on January 13, 2016 by Allan Loudell

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