When Toilet Mouth Trump brought up the question as to whether Ted Cruz is qualified to run for President based on his birth circumstances, he seemingly inadvertently opened a deeper can of worms that needs to be addressed. Bear with me here, because there is an under-taste to this issue that applies to many if not all of us in one way or another.
Cruz has often declared himself a Constitutional Originalist or Purist. Why is this important to all of us? Well, it’s important because, taken purely, the Constitution does not support things like gay rights or women’s rights. These things are simply not mentioned in the Constitution, nor were there laws that interpreted things like women’s or gay rights as they applied at the time the Constitution was written. With guys like Cruz in charge, woman would have never gotten the right to vote. Ever.
You may also recall that embarrassment to my ethnic group, Antonin Scalia, declaring that
….And of course, my so-called Woman’s Party, the Democrats, just never got around to passing the ERA – Or the Paycheck Fairness Act promised to women every election year. But let’s give them more time. It’s only been about 40 years…..
But the real point here is: This is how an Originalist thinks. If it’s not mentioned in the Constitution or if it was not relevant at the time the Constitution was written, it’s not protected. Even if it lives and breathes, amazingly without a penis or without the desire to have the opposite sex for a mate.
Ted Cruz has made it very clear that he is committed to appointing Originalists to the several slots that will open up on SCOTUS in the near future. Need I say more?
Well, of course I have more to say….
I saw an interesting segment on Anderson Cooper the other day. He featured Harvard Professor Laurence Tribe. Tribe is considered an absolute authority on the Constitution. Tribe also happens to be Cruz’ former Law professor. Small world for sure.
Tribe began by saying that Cruz “Aced” the class even though he and Cruz had distinctly different ideas about the constitution’s flexibility or inflexibility. His concern about Cruz was: He appears to be a Purist unless it applies to him personally. As a Purist (or “Originalist,” as Constitutional scholars call it), he would have never run for President, recognizing immediately that he is not qualified by the nature of his birth circumstances. However, now that it affects him, the Constitution is suddenly far more flexible. Tribe discusses this in detail in a piece in the Boston Globe entitled “Constitutional Cruz Control”.
People are entitled to their own opinions about what the definition ought to be. But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an “originalist,” one who claims to be bound by the narrowly historical meaning of the Constitution’s terms at the time of their adoption. To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.
In other words:
1. Ted is currently caught in his own irony and
2. Ted is a hypocrite.
Now why would I dare to call a man who thinks “The body of Christ” should “Rise Up” to support him a hypocrite? Well, Tribe answers that question for you too–as it applies to Ted’s Constitutional Purity.
This narrow definition reflected 18th-century fears of a tyrannical takeover of our nation by someone loyal to a foreign power — fears that no longer make sense. But the same could be said of fears that a tyrannical federal army might overrun our state militias. Yet that doesn’t lead Cruz — or, more importantly, the conservative jurists he admires — to discard the Second Amendment’s “right to bear arms” as a historical relic, or to limit that right to arms-bearing by members of today’s “state militias,” the national guard.
On the other hand, the kind of judge I admire and Cruz abhors is a “living constitutionalist,” one who believes that the Constitution’s meaning evolves with the perceived needs of the time and longstanding practice. To that kind of judge, Cruz would be eligible to serve because it no longer makes sense to be bound by the narrow historical definition that would disqualify him.
So…..you women have no right to choice. Actually, you have no right to much of anything. And you gays and lesbians, well don’t even ask. And you Gun Control pests haven’t got a chance in hell. But Ted? Why Ted is absolutely qualified to run for President of the United States.
Personally, I would LOVE to see Ted Cruz be the candidate. The minute anybody plays his Body of Christ remark alone, he’s toast. He is so full of himself, he doesn’t even realize that it is offensive to believe that Jesus Himself is going to show up just for him and smite anyone who dares not to vote for him.
As for his interpretation of the Constitution. One way for You, another way for Him.
I rest my case thanks to Laurence Tribe. And now you understand why, the next time you see Ted Cruz or hear any other person who wants to be in charge of your life say he is an Originalist, you should run away like your hair is on fire.
No wonder his college room mate said
“I would rather have anybody else be the president of the United States. Anyone. I would rather pick somebody from the phone book.”
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