“All Cruz needs to do is call a press conference and present a pdf version of his birth certificate with impossible typewriter spacing and other inaccuracies.”
Exactly
"The powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments.
It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers.
It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
"A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body?
I think a people cannot be long free, nor ever happy, whose government is in one Assembly."
"[N]othing in the Constitution has given [the judiciary] a right to decide for the Executive, more than to the executive to decide for them.
Both magistracies are equally independent in the sphere of action assigned to them ...
the opinion which gives to the judges the right to decide what laws are constitutional, and what are not,
not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres,
would make the judiciary a despotic branch."
"[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice,
whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.
Without this, all the reservations of particular rights or privileges would amount to nothing ...
To deny this would be to affirm ...
that men acting by virtue of powers may do not only what their powers do not authorize,
but what they forbid."
Of course, the liberal reaction is: