Via Juanita Jeans
At the end of the most recent Supreme Court session, we again have Senator Cruz making wild statements about the latest SCOTUS decisions on gay marriage and the ACA.
Some are ironic, some are just bubbling buckets of pus designed to deceive and mislead his electorate base.
From Today News:
Cruz, a Harvard grad, criticized the Supreme Court justices as a group of "elites" from Harvard or Yale who lack religious diversity.
"They think that our views are simply parochial and don't deserve to be respected," he said. He said it was a point amplified by Justice Antonin Scalia, who dissented in both cases: "What a crazy system to have the most important issues of our day decided by unelected lawyers."
Let us Fisk these statements.
(To Fisk: verb 1.(slang) to refute or criticize (a journalistic article or blog) point by point Word Origin
C21: after the use of this technique by Robert Fisk (born 1946), British journalist, to criticize articles - dictionary.com)
First of all we have the grotesque hypocrisy of Cruz being a Harvard Law graduate com laude, and much like President Obama, a few years ahead of him, Cruz was an editor of the Law Review. So for Cruz to criticize ANY justice of the SCOTUS as an 'elite' for having high qualifications for the bench is ridiculous. It is precisely people with legal training who should be sitting on the Supreme Court Bench. A lack of such credentials should be a deterrent, not a qualification to serve on the SCOTUS.
This is the rankest kind of pandering to the anti-intellectual crowd of the willfully ignorant conservative extremists.
Then Cruz goes on to complain about what the Today article refers to as a lack of religious diversity because none of the SCOTUS justices were Evangelicals.
THERE IS NO REQUIREMENT OR EVEN DESIRABILITY THAT EVANGELICALS HAVE A SEAT ON THE SCOTUS BENCH. Cruz is not concerned about an ACTUAL diversity of religion on the court -- he does not seek the court adding more Jews, Muslims, Eastern Orthodox, Buddhists, Sikhs or Hindus. THAT would be genuine religious diversity, as would having an atheist or agnostic. The reason we do NOT have that provision is that we are NOT A THEOCRACY. It is INTENTIONAL that there be no preference for Evangelicals - OR ANY OTHER BELIEF OR FAITH.
But this is not a failing of the court, this is a feature not a bug of our Constitution, and it has a name: the No Religious Test Clause, Article VI, paragraph 3.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.So for Cruz, who is in his own right knowledgeable about the Constitution, to complain about this is to conservatives as some kind of religious SLIGHT to them, or quality of unfairness, is a crock of manure too toxic to be used as organic fertilizer. It is intended only to foment distrust of the government and to promote ignorance about our Constitution.
This is just the crassest ploy to extract conservative mouth breathers and knuckle draggers from their hard earned cash.
Likewise, the emotional appeal to the exclusion of reason and logic, and facts, that the SCOTUS decision is one of the 'darkest days' of our nation is propaganda, designed to manipulate the weak-minded who vote for candidates like Cruz.
Like the No Religious Test clause, it is a feature, a deliberate choice, that the SCOTUS Justices are not elected and have no term limits, a choice made by the Founding Fathers in writing the Constitution, which they created to solve the obvious problems and failures of the original government post-American Revolution, the Articles of Confederation and Perpetual Unity. This Constitution was established by those august Founding Fathers, who were well aware of the need to avoid political pressures on that entity. It was not an oversight, it was not a mistake, and it was ratified by the people of the United States after it was created through a carefully negotiated approval process.
The approval of those Justices by the Senate, by our directly elected Senators courtesy of the 17th amendment to the Constitution, which superseded Article I, §3, Clauses 1 and 2 of the Constitution. Ironically, hypocritically, and in direct contradiction of trusting the electorate to vote on important positions directly, Cruz (along with other teabaggers) wants to REMOVE the right to direct vote our choice of Senators, by repealing the 17th amendment:
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.It makes no sense and has no chance of successful repeal to delete the 17th amendment from the Constitution but then to further alter it for direct election of the SCOTUS. Either you trust the electorate - and your elected representatives - or you don't.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect that the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Specifically, Article II, Section 2, paragraph 2 of the U.S. Constitution provides:
[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
We elect or senators to approve Justices appointed to the SCOTUS on our behalf. Specifically the Senate holds the power to advise and consent to nominations from the President, which confers legitimacy on the SCOTUS by an approval process that includes both the Executive branch and the senior /more prestigious house of the Legislative branch. Direct election would not confer greater legitimacy on the SCOTUS Justices, particularly when we have been faced with such an epidemic of conservative enacted voter suppression and resulting decline in voter participation.
All Cruz is angling for is to offer the illusion of a means of control for the minority fringe to hijack the Constitution and to gin up dissatisfaction with the fact that everyone sometimes has to contend with a decision they do not like.
We saw no such objections to the SCOTUS over Hobby Lobby, an ENTIRELY PAROCHIAL decision. If Cruz was making a valid criticism, that criticism would have been appropriate to the legitimacy of that decision as well, yet no such criticism was offered. The minority extremist right wing evangelical fringe won on that one.
This kind of invalid criticism from Cruz ONLY appeals to those who claim to LOVE the Constitution, but who have no functional working knowledge of it.
These dishonest and unconstitutional opinions of Senator Rafael Cruz should disqualify him with the electorate of the United States from being a presidential candidate. Cruz is genuinely demonstrating that he is a danger to the nation, a threat to the Constitution, and that he is a profoundly dishonest man.