Thursday, February 11, 2016

The warts on the U.S. Constitution - from the lips of a constitutional law professor

My Constitutional Law professor Stephen Clark, who for some reason no longer teaches Constitutional Law, published an article on constitutional law in connection with the lawsuit against Ted Cruz to declare him disqualified from the presidential race and not satisfying the "natural born" American citizen requirement.

Professor Clark expresses an opinion that the "natural born" disqualification provision in the U.S. Constitution should be narrowly construed in order not to undermine the people's right to elect their own leaders.

Yet, the U.S. Constitution itself is the people's agreement as to how they elect their own leaders, and should be not narrowly, but strictly construed.

Even if "narrowly construed", Ted Cruz was born in Canada, so he is not "natural born".

Of course, Professor Clark has a right to his own opinion.

And, I respect Professor Clark very much, he was a VERY good professor of Constitutional Law and I fondly remember his class.

Yet, I respectfully disagree as to one phrase Professor Clark used, which, in my opinion, continues to erode the respect to the U.S. Constitution which is nearly completely gutted by now by the very government whose every member is sworn to uphold it.

Here is what Professor Clark said in his article:

"While plenty of people may doubt that he is fit to be president, they ought to make their case to voters on the merits. They should not use a wart on the Constitution to disqualify him from the ballot."

Now, we need to remember that the U.S. Constitution is the Supreme Law of the Land.

And that Senator Cruz has been sworn to uphold that U.S. Constitution, in public and private conduct, in its entirety and without exceptions.

To call any provision of that U.S. Constitution that Senator Cruz is sworn to uphold "a wart" because it does not fit Senator Cruz' private bid for presidency, is encouraging a public official to disregard parts of the U.S. Constitution that do not suit their personal needs.

And that is just plain wrong. 

And - wart or no wart - the U.S. court where the lawsuit to declare disqualification of Ted Cruz is filed, is bound by the entire U.S. Constitution and by every part of it.

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