Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: concerned about politics

I would not oppose Cruz on SCOTUS because he is well suited by education and experience, but I would question that he would be another Justice Scalia. Scalia was a textualist, which is to say, a very strict originalist when it comes to the Constitution. Textualism means “the plain text of a statute is used to determine the meaning of the legislation. Instead of attempting to determine statutory purpose or legislative intent”. Cruz has not shown much regard for textualism or originalism in his comments on his own citizenship status. I’m not a lawyer, but I would have much more respect for Cruz if he’d said “I realize there is ambiguity on this issue and I am seeking to resolve it by putting myself before a federal court before announcing that I am running for President. That way everyone will know that I am eligible to serve if elected”.


350 posted on 02/20/2016 10:29:43 AM PST by bigbob ("Victorious warriors win first and then go to war" Sun Tzu.)
[ Post Reply | Private Reply | To 309 | View Replies ]


To: bigbob
”. Cruz has not shown much regard for textualism or originalism in his comments on his own citizenship status.

He argued numerous times at the Supreme court in favor of Textualism.

McCain wasn't born in the U.S. either, but numerous scholars and judicial elites deemed him an American citizen.

It only makes sense. If an illegal can simply cross our border and pop out a kid and that kid automatically becomes an American, how much more would an American giving birth elsewhere not automatically give birth to an American? Should the children of illegals have more rights to be American than the children of actual Americans?

Donald Trump Endorses McCain (McCain Born in Aug 29, 1936 - In Panama Canal Zone, Panama)

372 posted on 02/20/2016 10:43:04 AM PST by concerned about politics ("Get thee behind me, Liberal")
[ Post Reply | Private Reply | To 350 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson