Given how Constitutional Law trumps Federal law, in the same manner Federal Law Trumps State law, Ted Cruz is technically not able to be President of the United States.
Individual state voting committed have decided generally permissive to let him run… most judges Dodge the issue. Cruz’ main support comes from asserting a 1790 Federal Law somehow magically modified a 1789 Constitutional Clause… which is of course constitutional impossibility, there was no constitutional clause amending it.
So we are stuck with the very real possibility of a illegal candidate. Not all judges are equal, and at least one lower court judge made a statement not effecting his ruling Cruz was legit for his very claim. Cruz claims he is legal cause his mommie told him so… he is supposed to be the constitutional candidate, and the boy can’t even read the constitution to see it says it won’t allow him to be president.
Most people who find themselves in Cruz’s desired position, of wanting to be president and famous enough to do it, know it us a bad idea. Arnold Swartzennegar openly discussed it, while Governor of California, but everyone knew a amendment to the constitution would have to be made. Suddenly everyone just turned stupid when it came to Cruz though… neither are constitutionally, natural born citizens. This is the default position.
As opposed to lower court judges, the supreme court has a much higher caliber of judge, whatever the party… they know that constitution pretty damn well in ever case. You can’t have that job unless your quizzed by Congress with some difficult brain stumpers.
The supreme court can’t prosecute presidents (Hillary’s big hope to dodge a trial), only Congress can… for the time being, everyone seems to still be in recognition of this, but who knows under the next president, maybe everyone will go cross eyed, and do it anyway. The Supreme Court has repeatedly hinted it is a political matter… this doesn’t mean elections, but a congressional trial of a candidate being sworn in, to see if he is qualified.
I’ve listed at least one occurance of this with a Senator in the early 1800s, who hadn’t lived in the US long enough… Congress promptly booted his ass, till he was qualified, and he came back elected in the house of representatives… eventually became a US Secretary of Treasurer (4th US Treasurer I believe).
Big issue is… I think President Arthur’s administration, the President took office upon the former President’s assassination. It was a federal court judge, but not a Supreme Court Justice. It was pointed out that is was very constitutionally murky (through arguments I don’t fully grasp) and that prior, it had always been Supreme Court Justices. So he got a Supreme Court Justice to come in and rubber stamp him.
The big hypothetical issue here, isn’t if Cruz is a legitimate candidate or not… he is 100% certain not, per constitutional law. Constitution doesn’t change cause we want it to, even Cruz will point this out. It is, will any Supreme Court Justice show up to swear him in, knowing it to be illegal to do so? If they swear him in, it ceases to be a political issue, for Congress to decide, and rather a balance of power issue… it’s effectively the Supreme Court backing Cruz. They rubber stamp him as bonafide. Its really going to be difficult for Congress after that realistically to boot him the first two years, until new senators and representatives come in… by that point, a shitload of legislation would of been signed by a illegal president, and countless vetoes, and executive orders. How do judges know how to navigate the legality of such laws? They don’t… nobody wrote on this subject as far as I know as far as precedents go… it’s no different than having a pretender on a throne, then the real king shows up out of the blue… it’s a oh shit moment for every judge.
So… if it comes down to Cruz beating Hillary… what happens if a very akward Supreme Court Judge never shows up to swear Cruz in… the head of the Republican party is legally non-existent in the eyes of the law, and instead they show up at Bill and Hillary’s place… she is wearing sweaters, pit on 20 pounds, and the justice points out she is the candidate with the most states… she is being sworn in.
Congress isn’t going to like this one bit, US won’t either… it’s going to be something terrible on our sense of right and wrong. You thought people were pissed at Steve Harvey for Miss Universe… people will hate her.
So she becomes president… justice department has all these case files on her, Congress Impeached her…
Hillary’s Vice President then becomes President. Who is Hillary’s Vice President? Nobody knows, maybe not even Hillary… all the buzz going around might be for nothing regarding Hillary vs Sanders, the real winner might be a different Democrat.
If Cruz selects a Vice President, doesn’t get sworn in, slight chance the SCOTUS Justice might just swear in his Vice President… unlike political parties, Vice Presidents are indeed recognized by the constitution, and we designed them to be a bit like the old Roman title of Augustus, a backup Caesar, to the Emperor (Caesar). His job was to do whatever the Caesar wanted till Caesar died, then he stood up to become Emperor, hopefully accepted and trained for the position in the eyes of all.
Our legal system doesn’t actually say this is the case… but it’s a historic precedent for dealing with administrative backups to executive powers. But a historic precedent isn’t a legal precedent. Do we treat Cruz as if he died, after sinning the election but prior to sweating in? I dunno… this hasn’t happed either, not for the presidency. Only real advantage is, this clause the VP won’t be the runner up, but rather selected by the Presidential Candidate, was approved after the 1790 civil law, and 1989 constitutional clause, which is giving so many a headache… if does give a possible outlet.
Honestly, I dunno, and so if Cruz wins, I guarantee there will be some panic discussing of this, and whoever shows up where, is going to be very liqoured up for the swearing in… you can’t but face a supreme court challenge and screaming from this, no different from the Bush vs Gore hanging Chad case. No justice wants to deal with that.
So we may very well face a election where it comes down to Hillary and Cruz, Cruz wins, and they both preceded to lose. It might very well be their Vice Presidential Picks who become president, which more or less would make this entire election, every thread in this section of the website up to this point, completely meaningless?
Its why we should all lean towards Trump or Sanders. Neither have impending trials that results in felony charges, that disqualifies thdm, or constitutional disqualifications for being president, looming over them. They are the safe bet. Admittedly, Sanders is old and might die from a heart attack during the excitement if being sworn in… but we can handle that easier, on a constitutional level.
