“Where Does Scalia Think Cruz Was Born?”: Hey Supreme Court, Please Settle This Ted Cruz Birther Thing
Here are four words I never thought I would write: Donald Trump is right. As Trump said this week, it would be “very precarious” if Ted Cruz were the GOP nominee given that Cruz was undisputedly born in Canada.
Where Trump was wrong was when he made his focus on how precarious that would be “for Republicans.” Trump, possibly for the first time ever, was being too restrained. It would be precarious for our entire nation if Cruz were elected and then the U.S. Supreme Court deemed him ineligible to serve as president.
Think about the impact it would have to our nation as we collectively waited for the Court’s decision. It would be a national crisis. Our allies would not know who is actually our president, and our enemies might use the crisis to their advantage. Plus it would cause a dramatic drop in the stock market (investors hate uncertainty.)
Now, just so it’s crystal clear, I’m neither a Cruz birther nor am I advocating that Cruz may be ineligible to be president. What I’m saying is that the Supreme Court has not addressed the specific of issue whether a person in Cruz’s position is eligible to be president in accordance with the requirements of the U.S. Constitution.
Specifically, Article II, Section 1 of the Constitution provides that a person cannot be president unless he or she is “a natural born Citizen.” Cruz was born in Calgary, Canada in 1970 and first moved to the United States when he was four years old. At the time of Cruz’s birth, his mother was a United States citizen but his Cuban-born father was not.
So is Cruz a “natural born citizen”? There are countless articles debating this issue. While some legal scholars support Cruz’s eligibility, others like Fordham Law School constitutional law professor Thomas Lee informed me that the question of whether Cruz is a “natural born citizen” can be answered with two words: “It depends.”
Lee, who was an editor of the Harvard Law Review and clerked for Supreme Court Justice David Souter, explained that the issue could go either way. Lee noted there are two views of constitutional interpretations that he believes would support Cruz—the textualist and evolutionist views.
But under the “originalist” view, Cruz could be deemed ineligible. Constitutional orginalists interpret the Constitution by looking at the meaning of the document when it was originally written. Ironically, Cruz is a constitutional orginalist and that is part of his appeal to conservatives. As Lee noted, Cruz should actually disqualify himself from the presidency if he remained true to being an originalist.
Once again, however, while learned people have offered well-reasoned opinions, we still don’t have the definitive guidance of the Supreme Court on this issue. But this is no academic exercise. There were already objections filed in New Hampshire to knock Cruz off the ballot for being ineligible.
And while the New Hampshire Ballot Commission recently ruled in Cruz’s favor, its decision didn’t resolve this issue at all. In fact, it added to the uncertainty. The commission’s decision noted that since the question of what constitutes a “natural born citizen” has not been “answered with certainty” by the courts, the commission has “no clear standard to apply.” It added: “this Commission is not the appropriate forum for the determination of major Constitutional questions.”
Summing up the quandary well, Brad Cook, the Republican chair of the commission, told the media at the time of rendering the decision, “It would be really nice if somebody would get this issue of law decided who has authority to decide constitutional issues, so every four years we don’t have this come up again.”
And that’s where we are now. Given Cruz’s ascendancy in the polls and the plausible chance he could be the GOP presidential nominee, this issue needs to be decided by the federal courts now. But this is trickier than it would seem. We the people just can’t simply ask the nine Supreme Court Justices to give us a quick answer.
Professor Lee noted that there are likely only a few parties who would have the legal standing to bring a lawsuit in federal court to challenge Cruz’s eligibility. “Individual voters would not have standing,” Lee noted because federal courts require a “concrete injury,” not a more “generalized grievance.”
Bottom line, Lee believes it will take one of Cruz’s fellow presidential candidates to bring a lawsuit. Lee doubted that Super PACs would have standing in federal court unless they could show a concrete injury.
If a GOP presidential candidate were to now file a lawsuit in the federal courts where Cruz is on the ballot, it could go a long way to resolving this issue. Waiting is precarious for all of us. What if Cruz wins the GOP nomination and the Democratic nominee or a third party presidential candidate then files a lawsuit to deem Cruz ineligible? Imagine if Cruz is deemed ineligible only a few weeks before Election Day? The Democratic nominee would likely win in a cakewalk.
However, the worst-case scenario for us all would be that such a lawsuit isn’t filed until Cruz won the election and before he was sworn in as president. Talk about a national crisis. Does the Vice President elect get sworn in while we wait for the court?
Lee did caution, however, that the Supreme Court could deem this issue a “political question” and decline to get involved. But President Cruz would still likely be dogged by this issue his entire term, leading to a possible crisis in confidence.
That’s why it’s in the best interest of all Americans – regardless of political party- to resolve this issue sooner rather than later. It will give us all peace of mind. Plus it deprives Trump of another non-policy issue to distract us with, which is truly great for America.
By: Dean Obeidallah, The Daily Beast, January 10, 2016
“The Real Threat Trump Poses To Hillary—And Us”: Spending Time On Endless, Pointless & Corrosive Questions
Donald Trump says Ted Cruz may not be eligible to be president, and what happens? It dominates the news cycle for three days. Going on four.
See a pattern here? You should. A few months ago people used to ask, “What impact is Donald Trump having on the race”? Now we know very clearly exactly what it is. He takes over the news cycle. He says something about one of his rivals—or occasionally about an issue, although it’s always un-substantive and full of untrue assertions—and it sucks all the other oxygen out of the room. The rivals have to answer Trump, and the cable shows do panel after panel on whether what Trump said is true, whether it even matters whether it’s true, how so-and-so handled the response, and how it’s going to change the polls.
It’s happened over and over again. In fact it’s happened pretty much nonstop. Trump says Jeb is “low-energy”; Jeb has to prove he’s high energy. He hammers Marco Rubio for this, Chris Christie for that, and now Cruz. In a nutshell, this is the campaign, at least the campaign that those of us who aren’t in Iowa or New Hampshire see.
The effect has been to turn the campaign into a vacuous, reality TV dick-swinging competition. And bad as that is, the effect has been far worse when Trump makes one of his assertions about the country or world. He says these things about the world that are either just false or crazy, and everybody has to spend three days explaining why it’s false or crazy. He saw “thousands and thousands” of American Muslims in New Jersey celebrating the 9-11 attacks. That was eventually debunked. But it took nearly a week. And by the way, it hasn’t been debunked everywhere; certain web sites on the right spent days if not weeks defending Trump.
This is the real Trump Effect: He forces us to spend an endless series of three-day cycles debating at best pointless or at worst toxic and corrosive questions. That week we had to spend proving that American Muslims didn’t celebrate 9-11 wasn’t just a stupid and wasted week. It was a hatefest week that pulled an entire country in reverse, unlancing boils, raising temperatures. It was the same, more or less, when he said what a great guy Vladimir Putin was.
No. These are things we know. Putin is not a great guy. He’s a thug, just like you, Donald. We may not know for a fact that he’s had journalists killed, but a lot of anti-Putin journalists have died mysteriously. American Muslims did not cheer 9/11, bub. The government of Mexico is not “sending” rapists. And on and on and on.
But this is our level of discourse with Trump in the race. I’ll grant him that it’s a skill, of a kind. He says things in a hot-button way, a way we’re not accustomed to hearing from most politicians, certainly most presidential candidates, who usually strive for some simulacrum of dignity. It’s catnip, especially for cable news. He gets ratings. Every night all the shows get their figures on how each individual segment did in the crucial 25-49 demographic. Undoubtedly, the Trump-Cruz segments right now are doing better than the North Korea segments. And in any event, it’s not like the media can just totally ignore the demagogic claims of the Republican front-runner.
What a way to elect a president. The process has been corrupt enough. The billions of dollars spent by the rich, the dishonest attack ads, the stupid emphasis on things like who we’d supposedly rather have a beer with.
But now, we’re really going down the sinkhole, and Trump is leading us. Republican primary contests lately have not exactly been flower gardens of new policy ideas, as candidates in 2012 and this year basically just compete against each other to see who can offer up the most irresponsible tax cut and who can sound toughest on immigrants and moochers and terrorists. But there are a few ideas out there, and a few interesting differences. We hear about them a little, but then Trump comes along and says something and he smothers everything.
And yes, it can get worse. Imagine Trump as the GOP nominee. Imagine a general election run like this. General elections, underneath all the spumes of nonsense, actually are contests of ideas. There were clear and important policy differences between Barack Obama and John McCain, and between Obama and Mitt Romney, and they had to talk about them.
There will be clear and important policy differences between Trump and Hillary Clinton, but the difference is we’re not likely to have a real debate about them. Instead, we’re going to have more of this. Clinton is going to give some normal and slightly over-earnest speech about paid family leave. Important thing. And Trump will respond…not by stating his counter-position, but by saying something about how women want to be paid to sit at home and watch soap operas, and we’ll spend three days on it. And of course he’ll issue an endless stream of false or over-the-top statements about Whitewater and Vince Foster and, as he’s promised, Bill’s sex life.
And the campaign will just be that, over and over and over. Trump says crazy thing A. Cable shows salivate. A few responsible outlets read by 4 percent of the population point out that what Trump said isn’t true. Clinton spends three days repeating that. Upshot: Much of America is left with the impression, because Trump will be attacking and Clinton will be responding, and in TV land that’s what mostly matters, that it’s probably true. And then he’ll say crazy thing B, and then crazy thing C…
There is no force that can stop it. Well, maybe the Clinton campaign. They’ll sure need to figure out how, if Trump’s the nominee. I don’t think he can beat her, barring really bizarro circumstances or developments, but it’s not her losing I’m most worried about. It’s us.
By: Michael Tomasky, The Daily Beast, January 8, 2015
“Dipping His Toes Into Ugly Waters”: Christie; Americans Have A President ‘Who We Don’t Know’
New Jersey Gov. Chris Christie (R) delivered a widely noticed speech in September 2011, condemning President Obama in a fairly specific way. “We continue to wait and hope that our president will finally stop being a bystander in the Oval Office,” the governor said. “We hope that he will shake off the paralysis that has made it impossible for him to take on the really big things.”
Even at the time, the rhetoric was bizarre, since Obama has spent his entire presidency taking on “really big things,” and more often than not, succeeding. But this week, Christie revised his entire perspective on the president, complaining Obama acts “as if he is a king, as if he is a dictator.”
I’ve long been amazed at the degree to which conservatives have contradictory complaints about the president, and this is emblematic of the pattern. Obama can be a hapless bystander, doing too little, or he can be a tyrannical dictator, doing too much, but he can’t be both.
On Monday, Christie went a little further. The Washington Post’s Ed O’Keefe noted this gem from the scandal-plagued governor:
“We have a guy in the Oval Office who we don’t know. He’s been serving us for seven years and we don’t know him.”
I suppose the obvious question for Christie is, “What do you mean ‘we’?” After all of these years, some of us have gotten to know and understand this president quite well. After a two-year national campaign in 2007 and 2008, an autobiography, and seven years of intense scrutiny in the White House in which his every move was analyzed from every direction, it’s hard to imagine the public knowing a stranger better than we know Barack Obama. There is no mystery about who this “guy” is.
But that’s probably not where the governor is going with this.
The New Republic’s Jeet Heer noted the other day that Christie isn’t being literal, so much as he’s “pandering to GOP mythology.”
[Christie’s comments] partially echo long-held Republican complaints that Obama hasn’t been properly vetted. But they also play into the large set of tropes about Obama being alien, mysterious, un-American. As is his wont, Donald Trump proclaimed these themes more loudly when he suggested that Obama might have an ulterior motive (cough, cough, secret Muslim) for the deal he negotiated with Iran. “It’s almost like there has to be something else going on,” Trump said in a speech on Saturday night.
Like many of the other Republican candidates, Christie is trying to play the role of the thinking man’s Trump, and making a fool of himself in the process.
Agreed. When Christie tells Republican audience Americans don’t “know” the president, he’s dipping his toes into ugly waters. The governor must know better, and it’s a shame he appears to see this as necessary for his presidential ambitions.
By: Steve Benen, The Maddow Blog, January 8, 2016
“Down The GOP Rabbit Hole”: The Republican Race Is Becoming ‘Curiouser And Curiouser’ In All The Worst Ways
I too often feel as if I have fallen down the rabbit hole in “Alice in Wonderland” when I view the dysfunction that is the Republican primary contest. Maybe you remember the quote from Lewis Carroll’s wonderful book:
“But I don’t want to go among mad people,” Alice remarked.
“Oh, you can’t help that,” said the Cat: “we’re all mad here, I’m mad. You’re mad.”
“How do you know I’m mad?” said Alice.
“You must be,” said the Cat, “or you wouldn’t have come here.”
Well, those of us political junkies, and even those who can’t avoid the daily news bursts, are fast wondering if we are embroiled in the Alice in Wonderland of politics.
Ted Cruz reads “Green Eggs and Ham” on the Senate floor – anything to shut down the government. Donald Trump says very little that is actually true and doubles down when questioned. (He’s been awarded PolitiFact’s “Lie of the Year”; 60 of his 79 statements were labeled mostly false, false or pants on fire.)
The other candidates are trying desperately to keep up with the self-proclaimed outsiders Trump and Cruz, bashing immigrants, eviscerating President Barack Obama for “taking away our guns,” each trying to out-macho the other: Ben Carson says a Muslim shouldn’t be president, contrary to our Constitution; Marco Rubio helps write immigration reform legislation and then rejects it; Chris Christie called opponents of an assault weapons ban “dangerous”, “crazy” and “radical” in 1995, yet he now totally agrees with them; Carly Fiorina won’t even meet with President Vladimir Putin.
The madder you are, the louder your voice, the more outrageous your statements, the greater the likelihood that your poll numbers will rise in the Republican primaries.
Trump does take the cake: attacking John McCain for being a war hero, calling to ban Muslims from entering the U.S., suggesting building a fence and making Mexico pay for it, wanting to carpet bomb our enemies and target their families. Even hard-core conservatives wonder whether he has become the candidate most likely to tear up our Constitution, violate international law and shred the rules of the Geneva Conventions.
Maybe Trump deserves the title Mad Hatter in this race, but most of the others aren’t far behind. The Republican Party has truly become the Mad Tea Party – maybe a more appropriate description than any reference to the Boston Tea Party.
And throughout it all, this race is becoming, as in Alice in Wonderland, “Curiouser and curiouser!” Like Alice, maybe we could all wake up from this dream?
By: Peter Fenn, U. S. News and World Report, January 7, 2016
“Marco Rubio, Angry Young Man”: In Order To Get Real Attention, He Has To Become A Little More Trumpian
With the Iowa caucuses just 27 days away, the Republican race for president is getting more intense by the day. You can see it in the way the candidates are all shifting their focus to whatever they think is going to make voters more fearful, as Matea Gold documents in today’s Post. My favorite quote comes from Chris Christie, who says that the world “is a dark and dangerous place right now. In every corner that we look.”
That’s the optimistic spirit that Americans are yearning for! It’s also coming through in the candidates’ ads, which are filled with grainy images of terrorist hordes and immigrant hordes and anything else that looks sufficiently frightening.
There’s a tone of desperation to it all, as though the candidates are saying, “Not sure about voting for me? Well what if I told you that you and your children are all gonna die — how about now?” And nobody is sounding more desperate than Marco Rubio, who’s adopting a newly angry and personal tone that seems decidedly out of character.
Yesterday, Rubio gave a speech on foreign policy that was brimming over with contempt, as though he’s not just afraid of what’s happening in the world, he’s disgusted with both Democrats and Republicans for not seeing things his way. Let’s begin here:
It’s now abundantly clear: Barack Obama has deliberately weakened America. He has made an intentional effort to humble us back to size. As if to say: We no longer need to be so powerful because our power has done more harm than good.
This idea — that Barack Obama is intentionally harming America as part of his diabolical plan to exact revenge for the sins of the past — is nothing new. It’s been the topic of a hundred rants from the likes of Rush Limbaugh and Glenn Beck. But it’s usually the province of those media figures who spew their hateful bile out over the airwaves every day in an attempt to keep their audiences in a state of perpetual rage, not people who want to be president of the United States.
But that’s not all. Here are some more excerpts from Rubio’s speech:
We saw this clearly with [Obama’s] despicable speech after the terrorist attack in San Bernardino. When America needed a bold plan of action from our Commander-in-Chief, we instead got a lecture on love, tolerance, and gun control designed to please the talking heads at MSNBC.
The result of all of this is that people are afraid. And they have every right to be. To make matters worse, candidates for president in both parties cling to the same plan of weakness and retreat…
Not only is Hillary Clinton incompetent, she’s also a liar… She lied to our faces. No one in the mainstream media has the courage to call her out for it. If I am our nominee, voters will be reminded of it time and time again.
On the other side of this election is the party of Reagan, the party of strong national defense and moral clarity, yet we have Republican candidates who propose that rulers like Assad and Putin should be partners of the United States, and who have voted with Barack Obama and Harry Reid rather than with our men and women in uniform. We have isolationist candidates who are apparently more passionate about weakening our military and intelligence capabilities than about destroying our enemies. They talk tough, yet they would strip us of the ability to keep our people safe.
Rubio then went on to attack Ted Cruz, while describing the American military as a weak, degraded, pathetic force utterly incapable of defeating ISIS. Really:
Words and political stunts cannot ensure our security. ISIS cannot be filibustered. While some claim they would destroy ISIS, that they would make the sands of the Middle East “glow in the dark,” my question is: with what? Because they certainly can’t do it with the oldest and smallest Air Force in the history of this country, or with the smallest Army we’ve had since World War II, or with the smallest and oldest Navy we’ve had since 1915. Yet these are what we will have thanks to the cuts these candidates have supported and even tried to deepen.
One might argue that if Rubio thinks the reason defeating the Islamic State is a difficult challenge is that we don’t have enough planes, soldiers, and ships, then maybe he doesn’t understand quite as much about the military as he claims. As for the jab about ISIS being filibustered, Ted Cruz does indeed describe his filibusters as an achievement of the highest order. But Rubio, who has been a legislator since he was 29 years old, now seems to have nothing but disdain for the very idea of legislating. Asked today why he has lately missed more votes than any other senator, he said:
“I have missed votes this year. You know why? Because while as a senator I can help shape the agenda, only a president can set the agenda. We’re not going to fix America with senators and congressmen.”
Yeah, to hell with those guys. I guess if you’re worried that voters won’t like a candidate like you who serves in Congress, the way to handle it is to say that you think Congress is even more useless than they do.
What’s the explanation for Rubio’s newly sour rhetoric? The logical place to look is the frontrunner, Donald Trump. It’s usually the case that the really personal, nasty language is left to surrogates, who can get down and dirty while the candidate himself finds more subtle ways to reinforce the attacks without sounding bitter and mean. But Trump has no surrogates, and gets as means as he pleases — and of course it has worked. Perhaps with the clock ticking down to the first votes being cast, Rubio concluded that he had no choice but to do the same, that in order to get real attention for what he’s saying he has to become a little more Trumpian.
He might be partly right — but only partly. It’s always been true that going negative attracts attention, and the more personal and strident the attack is, the more attention it gets. The trouble is that this kind of rhetoric doesn’t fit with the rationale for his candidacy that Rubio has presented until now. He has argued that he’s the candidate of a new generation, with fresh ideas and a hopeful vision of the future. Yet despite all the smart people saying Rubio ought to be the party’s nominee, the idea has yet to catch on with enough actual Republican voters. With time growing short, he’s willing to try something else. But it’s hard to see how this will be all that much more appealing.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, January 5, 2016
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