but both are apparently now topics and both cases can get lost. that's why after i talked to him, i sat down with senior legal analyst jeffrey toobin. it's amazing this debate continues despite the evidence out there. >> this reminds me of the great senator moynihan quote. everyone is entitled to their own opinion, but they're not entitled to their own facts. barack obama was born in hawaii, in the united states. this is not up for debate but this issue persists and it keeps coming up. >> can a state say we have our own requirements for who should be president and we get to make laws based on it? is that constitutional? >> states can say, you need 500 signatures to get on the ballot. they can make ballot access rules and they all do. but they cannot impose requirements that are different from the united states constitution. so what montana thinks about who was born in the united states is not going to be binding on the electoral college when it meets.