Sunday, February 14, 2016

Ted Cruz's former law professor says that according to Cruz's own interpretation of constitutional law he is disqualified from running for the presidency.

Courtesy of CNN: 

Calling him a "fair weather originalist" and accusing him of "constitutional hypocrisy," Ted Cruz's former law school professor is arguing that the Texas senator's own legal philosophy disqualifies him from serving as president. 

Laurence Tribe, a constitutional law professor at Harvard whose students include President Barack Obama and Supreme Court justices John Roberts and Elena Kagan, hammered Cruz over questions about his presidential eligibility because of his birth in Canada, which have been raised by Donald Trump and caused headaches for the Calgary-born Texas senator in the Republican primary. 

Appearing on "Anderson Cooper 360" Monday night, Tribe slammed Cruz for his "constitutional hypocrisy." 

He argued that the strict, originalist legal philosophy that Cruz advocates on issues like the 2nd Amendment and gay marriage, and which his potential Supreme Court nominees would likely espouse, should disqualify him from being president. 

"Ironically, the kind of justices he says he wants are the ones that say he's not eligible to run for president," Tribe argued. "This is important because the way this guy plays fast and loose with the Constitution, he's a fair weather originalist."

That's the problem with using the Constitution as a bludgeon, sometimes you're the one that gets kneecapped. 


  1. Leland4:38 AM

    I Love It! What a great smack down! That's gotta hurt! I wonder how Crud will react. We won't have to wait long, of course.

    Think Crud will try to say the guy doesn't know what he's talking about?

  2. HouTex Cruz Hater4:56 AM

    Rafael Cruz a hypocrite?! Never!

  3. Must admit that our country is much better off without Cantor, Lieberman, and Scalia in power.

    1. Anonymous5:39 AM

      Yes. I forgot. Cantor got it handed to him in the best way possible.

    2. Anonymous6:49 AM

      "Must admit" sounds like a phrase used by a poster in a previous thread about Ted Nugent and gun control who wanted to register his own complaint about Jews.

      I'll give you Cantor as being "in power" because he was Majority Leader. But when was Lieberman in power? Did you just pick the most obvious Jew?

    3. Anonymous7:32 AM

      Well Lieberman is viewed by legitimate democrats with contempt.

      Lieberman changed parties to republican and actively campaigned to elect John McCain and $arah Palin into the presidency.

      There are legitimate reasons to single out Lieberman

    4. Anonymous7:58 AM

      Yeah, right. If you think things are "better" since Lieberman was "in power," you haven't been paying attention.

      He was never "in power," and if you haven't noticed, the GOP has been at the high of its shittiness since 2008 when Obama was elected. Lieberman is a traitor to the party and good reason for his part in the Sarah Palin fiasco, but he's not even close to the worst offender.

      Any "legitimate" Democrat knows it.

  4. Anonymous4:59 AM

    Why did you chose a picture with an Israeli flag behind him (along with the Canadian flag).

    1. Anonymous5:29 AM


    2. Eggman5:52 AM

      Because Cruz is a Dominionist (believes Christian males should have dominion over everything including government, culture, reproductive rights, etc.) and Israel is part of the prophecy that the Jews will be "in-gathered" and the Lord will return and make men like Cruz to be preeminent among the saved ones (and Satan shall be loosed for a thousand years and so forth). So these "Christians" tolerate and support the state of Israel because by its existence they "know" that soon the rest of us, including Jews who don't convert, are going to be consumed by major brimstone and everlasting hellfire.

      Hope that helps.

    3. Anonymous6:45 AM

      No. I know why a picture like this exists. It's because there are people who question Cruz on his loyalty to the US. This picture suggests he has dual citizenship: Canadian and Israeli.

      I'm wonder why Gryphen chose one that included the Israeli part.

    4. Anonymous7:05 AM

      I should say I'm not accusing Gryphen of anything nefarious. It just doesn't seem like the right header photo for this particular story, which has nothing to do with Israel.

    5. Anonymous7:33 AM

      If you want different header photos, start your own blog. Who are you to question Gryphen's motives here? Nobody!

    6. Anonymous7:54 AM

      Relax, 7:33, and read my second comment. I've been a fan of Gryphen's for more than 8 years. I'm not accusing him of anything. Wow.

    7. I chose it because it had a Canadian flag on one side, and I was in a hurry.

      That's pretty much it.

    8. Anonymous8:37 AM

      Your statement was enough that Grpyphen felt the need to weigh in. So there is that.

    9. Anonymous9:11 AM

      Look, part of the reason why I commented on it in the first place was because I didn't like the idea of anyone thinking Gryphen was making a statement about Cruz and Israel, especially given the vile history of the idea of "dual loyalty." Gryphen obviously wasn't.

      And now you know the rest of the story.

      Some people really need to ask themselves why they are so emotionally involved with this blog that even the mere hint of criticism sets them off.

    10. Anonymous10:44 AM

      9:11 you are the one who keeps posting emotional comments

    11. Anonymous5:45 PM

      Anonymous 7:33 is the resident nutcase. And we think Trump is thin skinned?!

  5. Anonymous6:14 AM

    The question of his ability to be president or not really relies on if his Mom became a Canadian citizen or not. He may well be an illegal alien. But since he renounced his Canadian citizenship I think that means he would have to be shipped off to Cuba.

    1. She was a Canadian citizen.

      give this a read.

      Very interesting.

    2. Anonymous3:38 PM

      If, as reported, she voted in Canadian elections, then she was a Canadian citizen. At the time she became a Canadian citizen, she would have had to renounce her American citizenship. When Cruz' parents returned to the US (and who really knows when or if both of them did), little Ted would not have automatically been a US citizen. Gee, Ted should not have been so nasty about President Obama.

    3. So if she was a Canadian Citizen and voted, does that mean she RENOUNCED her U.S. Citizenship also? Or does Canada recognize duel citizenship and she was not required to renounce her U.S. citizenship?

      If she renounced her U.S. citizenship, not only is Cruz Canadian and has no rights to be a U.S. citizen, but she also committed fraud when she applied for his U.S. citizenship.

      Oh, and he would be in the country illegally and should be deported immediately.

  6. I've always thought the originalist perspective on the constitution was asinine. First, because it attempts to deify the constitution as scripture, never to be changed or altered, and second, because the framers themselves were anything but originalists. They built the ability to amend the constitution right into it.

    The idea that generations yet unborn might want to update it or codify a changed interpretation didn't seem to bother them a bit.

    1. Anonymous8:57 AM

      Nefer, in ultra-right wing legal parlance, 'originalist' simply refers to a protector of the Constitution's "original" text as our Foundling Fathers received it, as written, on stone tablets from Jeebus along with the parchment version of the Second Amendment which paradoxically Jeebus told Thomas Jefferson was the very most sacred of all the "Original" so-called "Amendments". (The word 'amendment' had the opposite meaning in olden tymes and the original framers certainly intended the original amendments to be the last amendments.) Obviously, the use of stone tablets should be accepted by all Americans - regardless of their race, religion or creed - as divine evidence of the immutable permanence of each and every single word as written by our Lord and Savior Jesus H. Christ. This will all be made clearer once we get an amendment to rescind the 'separation of church and state' clause of the Constitution, which is really the only mistake that Jeebus made in the "Original" text.

      I hope that clears things up for you.

    2. So, does Cruz also believe "negroes" are only 2/3 the equal of white men, can't vote or own property and that women can't vote or own property at all?

      Does the 2nd amendment only refer to muskets?

      Exactly how far does his "originality" go?

  7. Anonymous7:07 AM

    Hillary Clinton gives GOP senators a lesson on how SCOTUS nominations work and why they are just being assholes. Let President Obama rightfully do his job.

    1. Anonymous7:34 AM

      Berniebros support the republicans' position.

    2. Elizabeth Warren has a nice Facebook post on it too. Schools the Republicans.

      They should worry that if they don't confirm whoever Obama nominates they may end up with Elizabeth Warren on the bench.

  8. Anonymous8:37 AM

    This is important because the way this guy plays fast and loose with the Constitution,
    Well said, they make up their own Constitution when it suits their agenda.

    Rafaele has not proven he is a natural born citizen, he lied about his father coming to the US,it is not clear how long his mother was in Canada, if she had Canadian citizenship or if she ever renounced her US citizenship. Cruz lies, so let him prove he is eligible.

    1. Anonymous9:57 AM

      As a couple of Constitutional professors have said: Natural citizen means born on US soil. They feared a foreigner coming here to become the leader of our new nation. If I were born in Canada to a mother with US citizenship, I would not be a natural born US citizen because I would've been born elsewhere. That's the dilemma Cruz does face. Despite what he says, it's not settled law. And, with him being a so called "originalist", then he would have to agree he's not a natural born citizen. Shoot, I don't think there's anything natural about him. He scares the hell out of me.

    2. 66gardeners10:42 AM

      If a woman US citizen is traveling abroad and prematurely gives birth to a child, naturally she would want that child to be a US citizen.

      For people in this situation, the US government has what is called a CRBA or Consular Report of Birth Abroad. You would need to apply as soon as possible after the birth to insure your child is designated as a natural born US citizen. Alternatively, you could apply for a US passport for your child. Either would designate your child as being a natural born US citizen.

      Ted Cruz needs to prove he is a natural born US citizen since there is no dispute he was born in Canada. He has never shown a CRBA or his passport.

    3. Anonymous2:06 PM

      You may be right, but I'm only detailing what these two Constitutional professors have said. If you go by the original is theory, natural citizen means being born on US soil. They say it is something that has never needed to be addressed, except for John McCain where Congress actually legislated that he was qualified to run. I would like to see him challenged on this. Prove it to us. The records have to be on file officially, which I'm sure if he was 'forced' to request the documents. He could easily settle it on his own, which makes me wonder why he hasn't.

    4. To get a legitimate CRBA or passport, his mother would have to prove she was still a U.S. citizen at his time of birth. That's what I want him to prove.

  9. Anonymous9:00 AM

    There is quest6ion about him being any kind of citizen, natural born or not. If he was born a Canadian (which is still to be determined), where are his immigration papers?

    Not a citizen? How can he be a senator?

  10. Anonymous5:16 PM

    Amazing, they found someone who taught and remembers Cruz and his fair weather originalist stance, and they never found someone who remembers Sarah Heath in any university, except for one gentleman, Glenn Rice, who wan't a teacher nor prof.
    Watch your words, Mr Cruz, they'll come back to bite you in the butt every time. Thanks for reading Dr Seuss from the dais, btw. Catharine and Caroline were probably snoring away, and Heidi was practicing excuses for all the neighbors. Sam you am.


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