Ted Cruz: Constitution Carved In Stone For Thee, But Not For Me

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.

Ratface caught in his own irony.

Ratface caught in his own irony.

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

Women Don’t Have Constitutional Protection Against Discrimination

….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.

27-ted-cruz.w529.h529.2xNow 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.”

64 Responses

  1. Cruz is eligible because he says so, and he’s a constitutional scholar you know….

  2. Love the schadenfreude this whole thing is bringing to the GOP. And then McCain jumping in after his citizenship was questioned is just icing on the cake.

    To answer your question from the other thread about Party ID. Well, I guess it differs from state to state. Here in GA you don’t register by party so you’re only a Democrat if you call yourself a democrat.

  3. Oh Ok, I get it. I forget that not all states handle this the same way. Under your state’s method, when I say I am an independent, I’m saying I can go either way and that makes me an independent even if I am a registered Democrat. In my state I can say that too, except I am recorded as a Democrat not an Independent, but I could lie on a poll if I wanted to. They usually ask your party affiliation. Often they ask if the person is a moderate or other sub-types of the party as well. But you can’t vote if you don’t register as “Something”. We have several “choices” beyond D and R and I. But you have to register a choice. That may have changed since I last looked, though. Interesting.

    Update: I just checked and in NY you can also register as “Not enrolled in a party”.

  4. Oh the irony for the birthers who were mostly Repubs. Now do the same rules apply here that were laid on Obama?

  5. In La, when you register you can choose from:
    Democratic
    Republican
    Independent
    Green
    Libertarian
    Other

    I think they used to have a choice of “unaffiliated” but that was too many syllables for southerners. 🙂

  6. I think they used to have a choice of “unaffiliated” but that was too many syllables for southerners.🙂

    OMG smoothie coming out of my nose….

  7. Did anyone watch the forum tonight?

  8. No. Want to give us the cliff notes?

  9. Upps, just read your post to the dudes and are applauding and laughing! Fantastic post…and that quote from the roomie is priceless. Laker hates Cruz with a passion. He thinks he’s the worst thing the rethugs have ever come up with. (of course he’s young)

  10. He may be young, socal, but I don’t really disagree with him. Except I don’t think the Republicans came up with him. They hate him on Capitol Hill. Or as someone in that one link pointed out, you immediately dislike Cruz when you meet him because it saves time.

  11. I didn’t watch it and was wondering if anybody had. Sorry. I can’t help😦

  12. @Ga6th: Watching the natty champ game, taking Aleve and resting (ha!) on a heating pad.

  13. What nerve we all have letting life get in the way of politics…

  14. I am not allowed to take any pain killers of any kind except for Tylenol. And we all know how worthless Tylenol is, especially if it doesn’t have codeine in it.

  15. @Upps: And I stay away from the Tylenol because of the liver and taking the lipid medication. Other than taking a Flexeril, it’s Aleve. I took a Flexeril last night and may take one later tonight. They do help and I get some sleep from it too.

  16. Fredster, my liver is really in good shape, it’s the rest of me that’s going to hell lol. Can’t take pain killers because they are excreted by kidneys and I only have one and it’s working at half mast (55%), so I follow my orders to make it as easy as possible for my kidney. Seems to be working. Numbers are good. But I tell you when I need a pain killer, it’s maddening. I miss ibuprofen!

  17. If you do take those meds, just keep yourself as hydrated as possible, Fredster, ok?

  18. Well my liver is okay but the doc told me that the lipid meds are processed through or metabolize through the liver so I try to be nice to it. I had bought a bottle of Bailey’s for either Christmas or New Years and didn’t even open it for either one. It’s still sitting unopened on the shelf.

  19. I’m hearing that the Bernouts behaved like barn animals at the Democratic dinner. Guard even had to intervene when one of them wanted to fight when he was handing out Barney stuff and a person told him she wasn’t supporting Barney.

  20. That’s the hardest part – trying to hydrate if it’s with water. I mean, I’ll drink tea or a soda but just don’t think about fixing myself a glass of water. ¯\_(ツ)_/¯

  21. Well, game over. Time for more heating pad.

  22. Uppity @ 12:10am: not surprised there. They are extremely pushy, demand you listen to everything they say and then agree with them. Annoying people. I think half of them are repubs anyway.

  23. Once you start hydrating with water, it becomes kind of addictive. No kidding. Carry a bottle of water with you everywhere. Have a bottle nearby at home at all times. Sip sip sip sip. The idea is to never feel thirsty. If you feel thirsty you are already on the way to dehydrating.

  24. I watched it Ga. Bernie was his usual annoying self, yelling 1/2 the time. Q: What about ISIS? A: by Bernie, “Break up banks.” Q: What about immigration? A: Bernie – “Wall St. blah, blah.” Q: What about anything? A: Bernie – “Wall St., Banks, I didn’t vote for the war.”

    Now O’Malley: “I’ve done everything, fixed everything in Maryland.” “I will win even though I’m only in single digits, actually, I just went up to double digits….but I’m gonna win.”

    HRC: Brilliant, thoughtful and commanding performance, as usual.

  25. Hahaha I gotta steal your Bernie schtick, imust.

  26. I didn’t see the entire Forum, but apparently Hillary once again said the noxious Hyde amendment must go. No male candidate would have the ovaries to go there. One more reason we desperately need a woman in the Oval Office. #Hillyes!

  27. //platform.twitter.com/widgets.js

  28. my liver is really in good shape

    Amazing, considering how much of my Scotch you absconded with last year.

  29. Put some ovum in the oval.

  30. Amazing, considering how much of my Scotch you absconded with last year.

    I represent that statement!

  31. Joe’s gonna make sure that doesn’t happen, Sophie. He wants IN on the race and he wants her out. I fucking hate that phony bastard with all my heart. And I wouldn’t be surprised if Barack helps him do it. He’s not endorsing. What’s that tell you?

  32. Fuck Joe Biden. What makes him think he’d do any better this time than last time? Does he forget how significant his loss was?

  33. I’m with you guys. I wish Joe Biden would just STFU. He’s got to insert himself into places where he isn’t wanted it seems. Once again it’s fighting the forces of nuts for the nomination. If Bernie is the nominee we are toast.

  34. I’m confused. What has drunk Joe done now?

    **Never mind. I just saw a clip of his interview on CNN. He.Makes.Me.Sick

  35. It’s so clear that Biden wants Hillary to fail so he can swoop in and save the day for the Democrats.
    What a creep.

  36. I hope she reaches the point where she can make that prick rue the day.

  37. He wants to be pressy so he can grope more girls and women and get away with it.

  38. Anyone watching the SOTU speech? Personally, I felt that if I was going to watch a rerun tonight, I wanted it to be something I would enjoy….broke out the Desperate Housewives DVD!

  39. Not watching SOTU. It doesn’t matter what Obama says. None of it is going to get done.

  40. I watched it. I was surprised at how much Obama seemed to go after Donald Trump, without mentioning him by name.

  41. Biden is a creepy tool and his Coke head son Hunter is a tool of the Ukrainian state gas company!!

    http://mobile.nytimes.com/2015/12/09/world/europe/corruption-ukraine-joe-biden-son-hunter-biden-ties.html?referer=&_r=0

  42. Uppity @ 9:19pm, I read the article. What a bitch! I’ve been saying for months though that I think the repub ratf*&kers have been a big force in Bernies support. I think they’re online, especially at the dumb progressive sites like fluffpo, and I think they’re donating money to his campaign.

    We didn’t watch the SOTU. Too boring. I heard that Kim whatsherface from KY was there though, elegantly dressed, and scornfully ignoring the standing ovations and various applause lines.

  43. “Put some ovum in the Oval.” ROFLMAO! I’m going to borrow that, Sophie, with your permission, of course!

    I refuse to comment on the latest lunatic ravings of YOU KNOW WHO. He is dead to me.

  44. Brassy, borrow it all you want!

    A must read:
    Bernie’s 30 year pattern of divisive victim-whining for attention
    http://lansingcitypulse.com/article-12189-The-trouble-with-Bernie.html

  45. Comments by Biden, at least the ones I am aware of, were appalling. “Hillary is late to the fight (for wage equality?” What did Biden ever do for wage equalty?

    The effect of a Republican Presidency would be incomprehensibly awful for the country. Comments like that from Biden increase that opportunity. Biden can’t win. Sanders can’t win. Hillary would win. At this point, it is probably not even worthwhile to speculate about what would cause Biden to make those comments, with their inevitable media coverage. Obama behind it? Both of them? Just Biden’s jealousy? Is he still in touch with Maureen Dowd?

    UCLA once had a football coach who wasn’t very good, but he had a lot of talent, so he won some games, though virtually never any big games. Then he finally retired. He always tried to push one of his ex-players or assistants as the next coach, and he influenced coaching hires. It was thought by some that he desperately wanted to preserve his legacy, and that if UCLA ever hired a really good coach, it would damage it.

  46. Sophie @ 11:25 am: That’s a very good article. I disagree with the last paragraph that Sanders’ policies would be good for the country, but the analysis of his temperment is important.

    There is a fawning “Bernie Could Win” article at Vox today. I don’t have a link but doubt anyone wants it. It nauseated me for most of morning. The writer talked to Bernie supporters in Iowa. Here is the summary: Obama failed to bring them their unicorn, and Bernie will. Let me just say that those who fail to learn from the past are condemned to repeat it.

  47. Any polls that show Sanders running well against a particular Republican, are simply a result of him not being well known by the general public. Candidates like that always poll well in the early going, because they are projective. If the national voters found out that he was a self-identified Socialist, this would quickly disappear. Makes good media fodder, though. The Republicans purposefully leave him alone–for now.

    The most glaring failing of the media in this regard, is the fact that Sanders could not do any of what he keeps talking about. He cannot break up any banks; he cannot get tax rates up to Eisenhower era levels. He cannot do any of it. He would sit there, and the Republicans would just keep sending up right-wing bills, and he would have to keep vetoing them. He would not get one of his bills to the floor. He could make speeches, but he does that now, to no effect. They almost never ask him about this disjunct. When they do, he keeps saying, “We need a revolution.” This political revolution has no chance of happening, but it is red meat to the disaffected Democrats who have been fantasizing about a mythical candidate for 70 years, and are always disappointed with the real ones. Let’s see if they can manage to blow another election out of their sanctimonious stupidity. Then it’s.”Warren in 2020!”

  48. Upps saw your tweets. Did Sanders really speak to the communist party back in June?

  49. I don’t know Ga. All I know is I started looking for his ties and a bunch of coverage by marxists and communists popped up

  50. It was very clear they adore him. And his affinity to guys like Castro (said he “Transformed Cuba), the Sandinistas, his trips to Russia, and S. America. Frightening.

  51. William the PPP poll came out the same day as Quinnipiac and they ignored it. PPP Iowa: Clinton 46, Sanders 40. The press is just tossing shit at Hillary and riling everybody up. What else is new. We should expect it by now

  52. In extolling all the wonderful things the Castro regime has done for the Cuban people, Sanders left out how he quickly filled up their jails with political prisoners–you know, people who had the temerity to oppose the Castros.

  53. Well today Bernie is out there whining up a storm saying it’s “not fair” to criticize him about his voting record on guns.

  54. Yeah typical Passive-Aggressive. Then declare yourself the victim. Like Bernie did with the data theft.

  55. Why isn’t it fair to criticize him for his voting record? Was he possesed by Satan when he cast those votes? He certainly has no problem criticizing Hillary’s votes.

  56. Thank you all for the great comments and links. I don’t know who is the dumber and nastier little bitch, bernie or biden?

  57. Uppity, thanks for the poll update. If Sanders wins NH, which I think is likely, I am going to have to avoid all news stations until Super Tuesday. But winning Iowa, even by a small amount, would be helpful.

  58. Good one! The irony with his birther-problem is deliciously thick.

  59. imust, your Bernie schtick had me rolling on the floor. You captured him perfectly.

  60. Hey NES! Great to see you!

    xo

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