Paul Bender

Paul Bender, Professor of Law and Dean Emeritus, was quoted in an April 16 Arizona Republic article, “Arizona’s ‘birther’ bill faces legal challenges,” by reporter Alia Beard Rau.

The article focuses on the proposed ‘birther’ bill that, if signed into law, would require presidential candidates who want to appear on the Arizona ballot to provide documents proving they are natural-born citizens.

Bender, among other experts, argues that the bill is unconstitutional, as the state has no authority to require presidential candidates to provide this information.

"States have no authority whatsoever with regard to presidential elections," Bender said.

Bender also argues that if states were allowed to each create their own criteria for presidential elections it would be overwhelming.

"You can't have 50 states using 50 different standards to determine whether the presidential standards are met."

To read the entire article, click here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court and actively participates in constitutional litigation in federal and state courts.