The
Living Constitution of Laurence Tribe
vs.
The
Original Intent Constitution of Ted Cruz
vs.
The
Living Constitution of Ted Cruz
Mario
Apuzzo posted a Winston Churchill vs. Ted Cruz comparison*
that is very appropriate and relevant to Harvard Law professor
Laurence Tribe's recent comments about the "original meaning"
that Sen. Cruz has been defending, uh, well, sort of. According to
Prof. Tribe, Sen. Cruz is not defending "original meaning"
as he did when he was a Harvard Law student of Prof. Tribe's and is
actually using Prof. Tribe's "elastic living
constitution" method to promote his, Cruz's, POTUS
eligibility.
After
the quotes below from Tribe about his "elastic living
constitution" views vs. Sen. Ted Cruz's
"constitutional
originalist"
views, his
"original
meaning"
views, I am posting an emended version of my May 13,
2014 comment that I first posted on Mario's Natural Born Citizen blog
and tying it in with his post about Winston Churchill and Churchill's
honest comment about the "original intent" of the
eligibility clause of the Constitution.
By
adducing my 2014 comment that I posted previously and putting it
together with Tribe's clarification that Sen Cruz is not being
consistent with his "original meaning" views that he
espoused during his student days at Harvard, I am asking Sen. Cruz to
return to the "original intent" of his Harvard Law
student days when he defended his "original meaning"
view, a view which I think was original birther John Jay's
original genesis original intent reason for underlining the
word "born" in "natural born Citizen" in
his July 25, 1787 note to his good friend George Washington, a
suggestion which was passed on to and was accepted by the framers
without debate or disagreement, and was also accepted without
disagreement by the states that ratified the September 17, 1787
Constitution, specifically Article II Section 1 clause 5: "No
Person except a natural born Citizen...shall be eligible to the
Office of President."
The
"original meaning"
of Harvard student Cruz was the original genesis original
intent of John Jay, and
it is simple to state and
understand:
ONLY
singular U.S. citizenship
ONLY
birth on U.S. soil/jurisdiction
ONLY
birth to two U.S. citizen married parents
Maybe
honest man Winston Churchill can get the attention of honest man
Rafael Edward "Ted" Cruz
and inspire Cruz to admit that he has not been protecting the
original intent of the Constitution as he defended it in Prof.
Laurence Tribe's classroom at Harvard, a defense of original intent
that Tribe said earned student Cruz an A in a class of 150, even
though Cruz did not persuade and convince professor Tribe to agree
with Cruz.
<<>>
WBUR
- Boston's NPR news station – January 15, 2016:
>>
http://www.wbur.org/2016/01/15/donald-trump-ted-cruz-laurence-tribe-citizenship
Questions
About Citizenship Become A Major Irritant For Ted Cruz
[...snip...]
"Cruz
says this is all settled law, but Harvard’s Laurence Tribe
disagrees.
“It
clearly is not settled law,” Tribe said in recent an interview.
"Tribe
brings an interesting perspective to this story. He obviously knows a
lot about the law, but he also knows a lot about Cruz — because
back in the mid-1980s, Tribe taught constitutional law to Cruz.
“He
was very colorful,” Tribe recalled. “He took me on all the time,
always had his hand up, he always wanted to disagree. And he got
an A, and there weren’t that many As in a class of 150 or
so.”
"The
source of their disagreement was their differing
views of the Constitution. Tribe is a liberal who regards the
Constitution as a living document that should be interpreted
according to changing times. “If
I were a justice on the Supreme Court applying
my approach, I would actually vote for Ted Cruz’s citizenship,”
Tribe said. “[But] Ted Cruz has always made fun of that
way of looking at the Constitution.”
"That’s
because Tribe says Cruz is a
constitutional
“originalist,” who believes the document should be
followed to the letter. Tribe says
jurists who share such a view might well conclude that Cruz is not
eligible to be president
— because he was not
born in America."
[...snip...]
“It
was [Cruz’s] view that the Constitution was frozen in time,”
Tribe said. “Well now he’s
become a fair-weather
originalist. [The
Constitution] means
what it always meant unless it hurts his ambitions
— and that, I think, is the most important point in all
this. It shows that he’s a constitutional hypocrite, that
he’s self-serving, that he’s cynical, that he’s
really unreliable. And it’s dangerous!”
<<>>
Prof.
Tribe's article that he wrote for the BostonGlobe.com on January 11
fills in the blanks to the above quotes from the January 15 WBUR
interview.
<<>>
The
BostonGlobe.com – January 11, 2016:
>>
https://www.bostonglobe.com/opinion/2016/01/11/through-ted-cruz-constitutional-looking-glass/zvKE6qpF31q2RsvPO9nGoK/story.html
Under
Ted Cruz’s own logic, he’s ineligible for the White House
Opinion
| By Laurence H. Tribe
"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."
[...snip...]
"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.
"When
Cruz was my constitutional law student at Harvard, he aced the course
after making a big point of opposing my views in class — arguing
stridently for sticking with the “original meaning”
against the idea of a more
elastic “living Constitution” whenever such ideas came up.
I enjoyed jousting with him, but Ted never convinced me — nor did I
convince him.
"At
least he was consistent in those
days. Now, he seems to be a
fair weather originalist,
abandoning that method’s narrow constraints when
it suits his ambition."
<<>>
Next
is the comment that I wrote on Mario Apuzzo's Natural Born Citizen
blog on May 13, 2014 at 10:56 AM, with some emendations here for
clarity and topicality.
<<>>
Dittos
Leo and Robert...
As you wrote Robert -
>>If Rubio, Cruz and any other non eligible contenders had any true patriotism,
>> they would simply explain that,
>> while they are honored to be considered for the office of POTUS,
>> they can't because they are not eligible."
~ ~ ~
As you wrote Leo -
>> Rubio and cruz should come out and say they are not eligible,
>> explain why they are not
>> and then say if a2 is amended
>> and allows a citizen of the us to be President
>> then they will run
>> but we know that will never happen."
~ ~ ~
This is what I wrote last year (2013) on my blog on the page titled "BIG Talkers and BIG Bloggers"
>> http://originalbirtherdocument7.blogspot.com/
>> “I decline the Office of POTUS
>> “to DEFEND the Office of POTUS”
>> “I am giving up pursuit of the Office of the President because I am a ‘Citizen’
>> “I have chosen to SAVE the Office of the President for a ‘natural born Citizen’”
[...]
>> “We the People” of America would definitely continue to listen to and act on the words of a “truth speaker” like Sen. Ted Cruz if he were to publicly acknowledge that the original genesis original intent of the original birthers, John Jay and George Washington and the original birther framers who wrote the words “natural born Citizen” in Article II Section 1 clause 5, are STILL relevant and important for OUR posterity also.
>> “We the People” of America would continue to listen to a “truth speaker” who would give up an office with such great honor and respect like the Office of the President for the purpose of protecting the Office of the President.
>> The whole WORLD would listen to a truth speaker whenever she or he would speak about anything because he or she would be known to speak ‘bold colors — not pale pastels’ — truth to ‘We the People’ in a way similar to President George Washington, President Abraham Lincoln, President Ronald Reagan, and the proof would be in the historical fact that they had given up something of great honor and respect in order to adhere to the original intent of the original birthers who knew who AND why ONLY a “natural born Citizen” is “... eligible to the Office of the President.”
As you wrote Robert -
>>If Rubio, Cruz and any other non eligible contenders had any true patriotism,
>> they would simply explain that,
>> while they are honored to be considered for the office of POTUS,
>> they can't because they are not eligible."
~ ~ ~
As you wrote Leo -
>> Rubio and cruz should come out and say they are not eligible,
>> explain why they are not
>> and then say if a2 is amended
>> and allows a citizen of the us to be President
>> then they will run
>> but we know that will never happen."
~ ~ ~
This is what I wrote last year (2013) on my blog on the page titled "BIG Talkers and BIG Bloggers"
>> http://originalbirtherdocument7.blogspot.com/
>> “I decline the Office of POTUS
>> “to DEFEND the Office of POTUS”
>> “I am giving up pursuit of the Office of the President because I am a ‘Citizen’
>> “I have chosen to SAVE the Office of the President for a ‘natural born Citizen’”
[...]
>> “We the People” of America would definitely continue to listen to and act on the words of a “truth speaker” like Sen. Ted Cruz if he were to publicly acknowledge that the original genesis original intent of the original birthers, John Jay and George Washington and the original birther framers who wrote the words “natural born Citizen” in Article II Section 1 clause 5, are STILL relevant and important for OUR posterity also.
>> “We the People” of America would continue to listen to a “truth speaker” who would give up an office with such great honor and respect like the Office of the President for the purpose of protecting the Office of the President.
>> The whole WORLD would listen to a truth speaker whenever she or he would speak about anything because he or she would be known to speak ‘bold colors — not pale pastels’ — truth to ‘We the People’ in a way similar to President George Washington, President Abraham Lincoln, President Ronald Reagan, and the proof would be in the historical fact that they had given up something of great honor and respect in order to adhere to the original intent of the original birthers who knew who AND why ONLY a “natural born Citizen” is “... eligible to the Office of the President.”
>>
Who knows, Robert and Leo, maybe some GREAT day Sen. Cruz or Sen.
Rubio or maybe even BOTH, will STAND Up and SPEAK Up and make an
original intent speech and say something like this –
ORIGIANL GENESIS ORIGINAL INTENT COMMON SENSE
>> Yes, after studying the Original Words of the U.S. Constitution,
>> the Original Document of American President Soil and Birth eligibility;
>> after analyzing
>> the original intent
>> of the original words
>> of the original birthers
>> aka the original framers of
>> Article 2 Section 1 Clause 5;
>> after considering original intent
>> relevance to the framers of the words
>> natural born Citizen and "…or a Citizen"
>> I now understand that original intent means
>> I am definitely not a Clause 5 "…or a Citizen."
>> I am not a Clause 5 natural born Citizen by birth.
>> I am not Clause 5 "eligible to the Office of President.
>> I am not U.S. Soil Born to two U.S. citizen married parents.
>>
I do not have only singular U.S. citizenship.
ORIGIANL GENESIS ORIGINAL INTENT COMMON SENSE
Yes, after studying the Original Words of the U.S. Constitution,
the Original Document of American President Soil and Birth eligibility;
after analyzing
the original intent
of the original words
of the original birthers
aka the original framers of
Article 2 Section 1 Clause 5;
after considering original intent
relevance to the framers of the words
natural born Citizen and "…or a Citizen"
I now understand that original intent means
I am definitely not a Clause 5 "…or a Citizen."
I am not a Clause 5 natural born Citizen by birth.
I am not Clause 5 "eligible to the Office of President.
I am not U.S. Soil Born to two U.S. citizen married parents.
When will possible POTUS aspirants Sen. Cruz and Sen. Rubio and et alii stand for truth and the original genesis original intent of Article II Section 1 Clause 5? When will Sen. Cruz and Sen. Rubio stand with John Jay and his explicitly stated “natural born Citizen” original intent of protecting America by protecting executive office control of the US military... against ALL enemies, foreign AND domestic?
>>
ONLY by birth to two U.S. citizen married parents
>>
ONLY by birth with singular U.S. citizenship
>>
ONLY by birth on U.S. soil/jurisdiction
<<>>
ORIGIANL GENESIS ORIGINAL INTENT COMMON SENSE
Yes, after studying the Original Words of the U.S. Constitution,
the Original Document of American President Soil and Birth eligibility;
after analyzing
the original intent
of the original words
of the original birthers
aka the original framers of
Article 2 Section 1 Clause 5;
after considering original intent
relevance to the framers of the words
natural born Citizen and "…or a Citizen"
I now understand that original intent means
I am definitely not a Clause 5 "…or a Citizen."
I am not a Clause 5 natural born Citizen by birth.
I am not Clause 5 "eligible to the Office of President.
I am not U.S. Soil Born to two U.S. citizen married parents.
I
do not have only singular U.S. citizenship.
ONLY by birth to two U.S. citizen married parents
ONLY by birth to two U.S. citizen married parents
ONLY
by birth with singular U.S. citizenship
ONLY
by birth on U.S. soil/jurisdiction
When will possible POTUS aspirants Sen. Cruz and Sen. Rubio and et alii stand for truth and the original genesis original intent of Article II Section 1 Clause 5? When will Sen. Cruz and Sen. Rubio stand with John Jay and his explicitly stated “natural born Citizen” original intent of protecting America by protecting executive office control of the US military... against ALL enemies, foreign AND domestic?
It
makes one wonder how the prophecy (see the "BIG
Talkers and BIG Bloggers"
url above) of the father Rafael Cruz will be
fulfilled if his son Sen. Ted Cruz accepts and adheres to the
original genesis original intent of Article II Section 1 Clause 5 and
“natural born Citizen” as being a reference to ONLY singular U.S.
citizenship, ONLY by being born on U.S. soil, ONLY to two U.S.
citizen married parents?
Sometimes,
it’s good to wonder.
Maybe
honest man Winston Churchill can get the attention of honest man
Rafael Edward "Ted" Cruz
and inspire Cruz to admit that he has not been protecting the
original intent of the Constitution as he defended it in Prof.
Laurence Tribe's classroom at Harvard, a defense of original intent
that Tribe said earned student Cruz an A in a class of 150, even
though Cruz did not persuade and convince professor Tribe to agree
with Cruz.
ONLY
singular U.S. citizenship
ONLY
birth on U.S. soil/jurisdiction
ONLY
birth to two U.S. citizen married parents
Art
Art
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