RE: 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.
_______________________________
I fail to see how his changing his mind on an issue that is VAGUE and UNCERTAIN and is argued by strict constitutionalists of every stripe will, therefore make us conclude that he won’t appoint an originalist to the courts if he were to be President.
If the original intent of the “natural born” were clear and he changed his mind, well yes, he is a hypocrite.
The point is — the INTENT is NOT clear. Unless we have a time machine tog o back to ask the framers what they meant, it always will be.
However, this I am certain of — Cruz will appoint justices of the caliber of Thomas and Scalia.
Will Trump do so? Well he’s all over the place on this one. At times, he tells us that he admires Justice Thomas, on the other hand he calls his sister ( a Judge of the United States Court of Appeals for the Third Circuit ) a great judge.
The problem with his sister is she’s pro-choice (once even once rejected a lawsuit to stop partial birth abortions ) and pro-gay marriage.
Cruz didn't change his mind. Tribe is saying that as an avowed constitutional originalist, his logic that natural born citizenship is settled law and that he is a natural born citizen does not comport with the logic of an originalist Justice who would find him ineligible.
The point is — the INTENT is NOT clear. Unless we have a time machine tog o back to ask the framers what they meant, it always will be.
If you really want to get into the weeds on intent and the history of natural born citizenship, read this
However, this I am certain of — Cruz will appoint justices of the caliber of Thomas and Scalia. Will Trump do so? Well he’s all over the place on this one. At times, he tells us that he admires Justice Thomas, on the other hand he calls his sister ( a Judge of the United States Court of Appeals for the Third Circuit ) a great judge.
I have no doubt Cruz would appoint more conservative judges (although he was wrong about Roberts) than Trump. The problem is that you have to get elected to appoint them. Cruz will lose in the general election. He is unable to connect with the average voter like Trump or to go across party lines.
“... on the other hand he calls his sister ( a Judge of the United States Court of Appeals for the Third Circuit ) a great judge. The problem with his sister is she’s pro-choice (once even once rejected a lawsuit to stop partial birth abortions ) and pro-gay marriage.”
Did you expect Mr. Trump to publicly excoriate his own sister? I have two sisters - both of whom are liberal - and yet, no matter how much I may disagree with their politics and personal choices, I would never publicly ridicule or excoriate them.