Reminder: Ted Cruz Says The President Can Make Abortion And Gay Marriage Illegal Again
Ted Cruz is now leading the Iowa polls, and beating both Trump and Carson. There are a lot of terrible things about Cruz–frankly, I can’t come up with one non-terrible thing about him. Then again, I can’t think of a non-terrible thing about Trump or Carson, either. They’re all terrible people, and I feel pretty confident saying that they are all way too far to the right to win a national election.
But let’s talk about some of the fun things Ted Cruz would like to do as President!
For one, he believes he can make abortion illegal–without adding a constitutional amendment or getting SCOTUS to overturn Roe v. Wade–by invoking the 14th amendment and passing a law declaring fertilized eggs as persons under the law. Were this possible, which it is not, would make abortion illegal under all circumstances–including rape, incest, and life/health of the mother. It is also something that only about 15-16% of the population support. Even among those people, I’m actually not sure how supportive they would be of a law that would send women to prison for murder for having (or self-inducing) an abortion. Some of the loudest would be, yes, but I’ll bet you the vast majority would hesitate on something this extreme.
However, Ted Cruz clearly doesn’t think that, as President, he’d really need to check with anyone about anything.
Similarly, as President, he says he would ignore the Supreme Court’s Obergefell ruling declaring same-sex marriage a constitutional right, just like how President Lincoln “ignored” the ruling on Dred Scott. Except here’s the thing–Lincoln did not just go “Oh, whatever to that, we’ll just ignore it”–he passed the 13th and 14th amendments to the Constitution, which invalidated the ruling. Why? Because it is SCOTUS’s job to interpret the constitution and with those amendments, it could no longer be interpreted that way. Duh.
A president cannot just decide to ignore a Supreme Court ruling — just like the Supreme Court cannot just decide to ignore the constitution, make laws or add amendments. That’s not how any of that works.
The reason the Supreme Court found in favor of same-sex marriage is because you can’t have a situation where someone’s marriage is legal in one state but not in another. That’s what was unconstitutional about it. In order to do what he wants and make it constitutional, he would have to make all same sex-marriage illegal everywhere, and invalidate all current marriages. Which, sorry, is not going to happen. That ship has sailed.
The overarching problem though, with Cruz’s promises, and the promises of other GOP Presidential candidates, is that they all seem to believe that the President has dictatorial powers and can just invalidate any law or ruling they disagree with. That is frightening and dangerous.
It’s also not something anyone should be advocating for, period, because even if they think their candidate will be awesome with that amount of power, the next person who gets elected might not be.