Several courts of law have ruled recently that the child-born-on-US-soil question is settled. I forget how many. Something like half a dozen. They have all unanimously agreed with each other - and with my own analysis, by the way - that the Supreme Court decided the issue in US v. Wong Kim Ark.
So it actually has been settled in a court of law. Not just once, but at least half a dozen times.
At least one or two of those rulings have been appealed all the way up to the US Supreme Court.
The Supreme Court has declined, without comment, to hear the appeal(s).
Now... the next question that might occur to you is, "Why would the US Supreme Court simply refuse to hear an appeal on a Constitutional question as important as Presidential eligibility?"
There are two obvious answers to this question. One is the answer that is obvious to most people. And that is: Everyone on the Supreme Court agrees with all of the lower courts that the issue has been decided for over 100 years.
The answer is obvious to the conspiracy-minded is... well, it's part of the conspiracy!
They fear Obama. They've been threatened. They've been bribed. They're in the tank for Obama. They don't want to create waves.
Like the rest of the theory, this isn't in touch with reality. A fair portion of the current Supreme Court bench can't stand Obama any better than you or I can. Heck, THREE JUSTICES, all of them conservatives, very conspicuously refused to even show up for Obama's State of the Union Address, which Scalia PUBLICLY called "a childish spectacle."
There is a certain degree of decorum that attends the Supreme Court. For a sitting Supreme Court Justice to call the President's State of the Union Address "a childish spectacle" is a SURE sign there's some really bad blood going on there.
So we know there are three conservative Justices who really don't like Obama. It would only take those three, and one other (and there are a couple of other obvious choices on the bench) to get a case in for review.
The real answer, really, is the first one. The Court agrees with all the lower courts that they settled the issue more than 100 years ago.
So we have a situation where the issue has already been settled by the courts, but we have people who won't recognize that. That's a problem, and it's a problem that hurts conservatives. Because here we have a decent candidate like Ted Cruz, and conservatives are needlessly fighting over whether he is eligible, when he is.
Of course, in Cruz's case, the Court actually might hear that case, because it's the one that hasn't been definitively settled. That of children born US citizens outside of the country.
I for one would like to see the Court take that case. But that will never happen until someone like Cruz actually runs.
what exactly are you saying ark stated? look at it closely!