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Showing posts with label Lawrence Tribe. Show all posts
Showing posts with label Lawrence Tribe. Show all posts

Friday, January 15, 2016

Which Tribe are You?

From Powerline Blog:
But right now Trump and lots of liberals are seizing upon Tribe’s tendentious opinion that Ted Cruz is not a “natural born citizen” under the Constitution and is therefore ineligible to be president. Actually Tribe’s argument is slightly more subtle—that Cruz’s own constitutional “originalism” would call for a narrow reading of the “natural born citizen” clause, especially if, like Cruz (and Trump) you challenge the “birthright citizenship” reading of the 14th Amendment. But this argument is ridiculous, too. I think Cruz easily satisfies Blackstone’s common law understanding of what “natural born citizen” means, and in any case common law is not constitutional law.
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But second, for liberals who are hanging on Tribe’s birther opinion, let’s also note that Tribe has argued, in federal court, that Obama’s so-called “Clean Power Plan” is unconstitutional. So liberals: if Tribe is right about Cruz, why isn’t he also right about the EPA’s ukase? He’s your favorite con law guy after all. Expect to hear crickets chirping on this question.
Chirp, chirp, chirp.