Let’s discuss eligibility and two of our candidates running for the Republican Nomination for President of the United States.
I understand that most people assume that their candidate would not be running if he or she was not eligible to be President of the United States. One would further think that the Republican Party would block anyone participating in the GOP debates and the GOP primaries that was not eligible. The truth of the matter is that by most people’s understanding of the law, all GOP candidates are likely eligible.
Let’s get specific. I am discussing Ted Cruz and Marco Rubio.
He was born in Calgary, Alberta, Canada in 1970. There are many stories that detail the issue and while some say he is “clearly eligible” others say just the opposite. We’re not going to get specific on his case. There is another point to this article.
He was born in 1971 in Miami. His parents were not citizens until 1975. He was not a natural born citizen IF that status requires his parents to be citizens at the time of his birth.
Like with Cruz, we’re not going to get specific with this case, either, as there is a different point here.
If We Trust THIS Supreme Court to Follow the Law, We’re Fools!
One of Ted Cruz’ strongest allies is Mark Levin. Mark Levin has said since 2012 that we live in “post-constitutional America.” When he says that in his book “Ameritopia” and other places where he has discussed it, including on his radio show, he is basically making the point that from Wilson to Obama, this country has simply let the constitution slip away through the use of the courts and executive actions to replace the constitution’s authority. That means that the Supreme Court becomes the final authority on any issue.
Let me ask the most important question:
What happens when either Ted Cruz or Marco Rubio becomes either the Republican Party nominee for President or Vice President?
The period from the nominating convention until election day is just over 100 days. The nomination takes place on July 21, 2016 and the general election takes place on November 6, 2016.
Here’s the quick and dirty answer:
Putting either Cruz, Rubio or both on the GOP ticket (even in the Vice President slot) has the effect of embedding the GOP ticket with a target that will get challenged in likely separately in every one of the fifty states on the state level – and on the national level in federal court. What’s more, while there is time for those wanting to file lawsuits to prepare those suits well in advance of the Republican Nominating Convention, there is little time to defend from this litigation. When the GOP nominee is formally nominated on July 21, 2016, if he is either Ted Cruz or Marco Rubio, he will likely not sleep well that night knowing that as the courts open on Friday, July 22, 2016 many lawsuits prepped well in advance will be filed all over the country. These will originate with Super Pacs, some state attorney generals, some private citizens in states, and possibly even Barack Obama’s Department of Justice. While some may be thrown out as frivolous, many will not be.
In states where a state election commission is run by Democrats, they might skip the courts and just declare a candidate invalid. A state grants “ballot access” through a process in each state.
Most people don’t realize that when a state refuses ballot access to a candidate for President or Vice President from its ballot, they are refusing to allow both the Presidential and the Vice Presidential nominees from their ballot for that party. There is no system to slide in replacement candidates in that state. Without court intervention, that party is off the ballot.
A state judge could order GOP nominees for President and Vice President off of the ballot as well. A federal judge could do the same. There are states that could possibly go to the Republican Party that would then only have a Democrat Party ticket to choose from. The electors from those states could be considered to have been moved by the courts to the Democrat party for all practical purposes, thus assuring a Democrat win in a year that would likely have been a Republican win for President.
Obama’s Department of Justice might decide to get involved right after the GOP nomination. Are they above this? No.
With all of these potential lawsuits and legal battles, the GOP Nominee is going to be scarred in the eyes of the average idiot who is either in the middle or on the left. While we will know that the Democrats are trying to “steal” the election, the media will be spin it as the arrogance of the Republican Party trying to push an ineligible candidate into the White House.
Many of you don’t remember the speculation as to why Marco Rubio was not selected as the Vice Presidential nominee for Mitt Romney in 2012. While there is nothing official as to why, many at the time thought that the Romney campaign has some worries that if they placed Rubio on the GOP ticket, the ticket could be challenged and thrown off the ballot in several key states.
The Supreme Court will NOT Save the GOP in 2016!
When you look at the present make-up of the Supreme Court, the very best we could hope for is a split decision in any case involving the eligibility of either Cruz or Rubio. It is not at all clear that the current Supreme Court would side with the GOP. Like I said in quoting Mark Levin (who I am sure will argue that I am wrong), we live in what Levin calls a “post-constitutional America.” It’s not what the constitution says in the matter of Ted Cruz or Marco Rubio. It’s how the current eight justices of the Supreme Court will rule that matters. Four are totally and completely going to go with the Democrat Party. If the entire issue were backwards the next day, they would flip their decisions to rule the other way the very next day. The four remaining justices, including our Obamacare-loving Chief Justice, will likely rule on our side.
A split decision by the Supreme Court means the lower courts decision will stand. If the Chief Justice joins the left wing members of the court, then we could look at a catastrophic decision that would throw out the GOP ticket in its entirety – ceding the election to the Democrat nominee.
There is an excellent year for Barack Obama to get involved in declaring the Republican ticket ineligible. If the ticket is topped by Ted Cruz, Barack Obama could easily get away with pushing his Attorney General to throw the GOP ticket out so he could assure his party a victory by default. I don’t trust that he will stay out of the process.
The Bottom Line:
I don’t see how we can have either Ted Cruz or Marco Rubio on the GOP ticket, either at the top of bottom.