Eligibility of a candidate can be challenged on a state by state basis, typically through the state’s board of elections. Cruz has already been challenged for ballot access in New Hampshire and the Secretary of State rejected that challenge. Their rejection of the challenge is instructive. They only cared that prima fascia eligibility was established. They didn’t want to deal with constitutional interpretation. They viewed that as someone else’s job.
And at the federal level, because alternate means exist to “adjudicate” the problem, and those means are part of the political structure, Congress, the electoral college, etc., federal courts are strongly inclined to treat presidential eligibility as a political question and pass that buck to anyone else they can find.
See here for further reading, if you are interested:
http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1087&context=mlr_fi
Peace,
SR
In regard to the New Hampshire Ballot Law Commission it is true that they’re concerned with “dotted i’s and crossed t’s” on the paperwork and that’s it. The statutes regarding the Commission state that it’s decisions are final and not reviewable. The New Hampshire Supreme Court sees it differently. In a case involving the Ballot Law Commission the New Hampshire Supreme Court said “Even assuming the absence of a statutory right of appeal, this court cannot be divested of its power to correct errors of law and other abuses by writ of certiorari... “ Malcolm Tink Taylor v. Ballot Law Commission, 118 N.H. 671 (1978), accessed at http://law.justia.com/cases/new-hampshire/supreme-court/1978/78-241-0.html
In regard to eligibility being a political question, for reasons previously stated that just ridiculous. Courts may be “disinclined” to handle a case nevertheless it is their duty. The role of Congress is ministerial, they count electors’ votes. Only in a special circumstance may they exercise any other power (Amend. 12). In no circumstance do they possess authority to determine who is and who is not eligible for the Presidency. Electors vote. In no circumstance do they possess authority to determine who is and who is not eligible for the Presidency.