Ted Cruz Wants To Strip the Supreme Court’s Authority On Marriage Equality


Ted Cruz CNN State Of The Union

Over the course of the past few years, Republicans have shown a predilection to usurp the powers of the Executive Branch because they cannot countenance an African American President issuing executive orders, even if Republican presidents issued the same directives as a matter of course. It began with President Obama’s first executive order and has continued as of late with the Republican idea that a Black President cannot set American foreign policy or negotiate with foreign nations. It is true that Republicans hate the President, but particularly since they gained control of the House in 2011 they hate the Constitution’s “separation of powers” even more than they hate Obama. Their mantra has become when things do not progress according to their will, the first order of business is subvert the Executive Branch and abolish the Framers’ idea of separation of powers and checks and balances in favor of Republican fascism.

Now, because things are not proceeding the way the religious right and Republicans believe a theocracy should be governed, evangelical hero Ted Cruz wants the U.S. Congress to eliminate the power of the federal judiciary, including the Supreme Court, by passing a law banning them from hearing or ruling on marriage equality cases. Apparently, because too many federal courts have followed the Constitution and not the Christian bible on the question of same-sex marriage, it is likely that Cruz wants Congress to give that authority to the evangelical right to decide. It is yet another in a long line of attempts by Republican fascists to control the nation and eliminate the Constitution’s separation of powers.


Old Ted is not the first Republican to attempt to strip power from the federal courts, and he may believe the effort has a chance of succeeding, but it is just as likely he is pandering for, and garnering, major support for his presidential bid from the theocracy crowd. However, one should not underestimate the seriousness of Cruz, or the evangelicals, in their attempt to prohibit the judiciary from ruling on any number of cases involving religion. Apparently Cruz and his religious right supporters are battle-ready insane over the prospect of a possible Supreme Court ruling that marriage equality is constitutional according to the “due process” and “equal rights” clauses of the 14th Amendment; something Cruz, Republicans, and the religious right believes is an abomination.

The likelihood that the High Court will rule that all 50 states must recognize same-sex marriage terrifies and infuriates Cruz and his acolytes and preventing that eventuality is what drove Cruz to propose the simple solution of preemptively “stripping the entire federal judiciary of its power” to hear cases brought by same-sex couples. Cruz proposed the fascist idea during a speech in Iowa while praising the original Indiana discrimination law because it protected evangelicals’ religious liberty to discriminate against the LGBT community with impunity. Cruz complained that a bunch of liberals and big businesses were behind the “radical gay marriage agenda” and told the audience they supported the revised law because it persecutes people of faith for disagreeing with marriage equality. Cruz’s solution is, in effect, stripping the federal judiciary of its power and handing it to a cabal of evangelicals likely headed by Ted Cruz’s preacher-daddy.

This bizarre, and unconstitutional, idea of eliminating one branch of government to benefit one specific group of Americans is not new, and unsurprisingly has been proposed in the past by Republicans on behalf of the evangelical right; those who claim the Constitution is out of sync with Christianity. In the past Republicans attempted to strip the Supreme Court’s constitutional authority for the benefit of the bible-crowd over prayer in the schools, abortion, school bussing, and various other state court rulings based on the Constitution. In fact, another radical Republican, Jesse Helms, attempted to abolish the High Court’s ability to hear, and rule on, cases involving forced Christian prayers in schools; a decision he believed was best left to the evangelical right. Helms’ proposal prompted Senator Barry Goldwater to claim that what Helms and the Christian right really wanted was to “outlaw the Supreme Court” and effectively outlaw the Constitution; something Ted Cruz, most Republicans, and the religious right are panting to do as a matter of course.

This is not the first time a Republican, or the entire Republican Party, has attempted to vanquish the Constitution’s separation of powers over one specific issue or on behalf of one group and it certainly will not be the last. It really is inconsequential what the particular issue at hand is, the idea of restricting the federal judiciary’s authority to hear and rule on any case is not just ridiculous, it is fascist tyranny. The concept of one branch of government, in Cruz’s case the legislative, dictating to another branch, the judicial, about what kind of cases it hears completely eviscerates the concept of an independent judiciary so crucial to not only the balance of power but to the foundations this country was built on.

As one pundit noted, what Cruz proposes is the ultimate congressional version of “legislating from the bench.” In other words, Ted Cruz wants Republicans beholden to evangelicals to determine what is Constitutional by “adjudicating from the legislature;” something the Founding Fathers and Constitution’s framers never considered for obvious reasons.

Obviously, the U.S. Congress has never passed legislation banning the federal judiciary, including the Supreme Court, from ruling on any cases, likely because it would send the nation into the worst constitutional crisis in America’s history. However, just the fact that Ted Cruz proposed, and obviously advocates for, such a move should inform all Americans exactly how radical and dangerous the teabagger favorite really is and how committed to crazy religious fascism his supporters are. It is noteworthy that as un-American and unconstitutional Cruz’s proposal to restrict the federal judiciary and “outlaw the Supreme Court” is, there are tens-of-millions of evangelicals and so-called patriots who believe that Ted Cruz should be president because his fascist and unconstitutional ideas will usher in the religious tyranny they lust.

51 Replies to “Ted Cruz Wants To Strip the Supreme Court’s Authority On Marriage Equality”

  1. Apparently he never heard that the only way to change the Constitution is with a Constitutional Amendment. So much for how ‘smart’ he is.

  2. We need more separation of their gawd damned church from the state. Way more. Ignorant evil jackasses like cruz and his heretic father need to slither back to whatever their idea of hell is.

  3. I wish I could think of something pithy and cogent to add to the discussion but my head wants to explode when I read about these ‘Constitutional Conservatives’ that clearly don’t even have a passing familiarity with the Constitution…

    is there anybody that might run as a Republican that could qualify or pass an 8th grade test on the Constitution?


    James Madison The Federalist Papers Federalist No. 58

    Categories: Separation of Powers

    Date: February 20, 1788

    “An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others.”

  5. “Follow the Constitution”.

    It has become the constant whining refrain
    from a country full of Village Idiots.

    What? The Constitution explicitly states
    that the Entire country HAS to follow what
    the Supreme Court Says?

    Well, In that Case,”Damn the Constitution”.

  6. Dictator Cruz will never make it past the primaries. He should go back to his Cuban roots and wait to take over that country when the job for a new dictatorship opens up. Too bad he doesnt understand American democracy government. Hes a loudmouth idiot.

  7. Cruz can want all and whatever he wants, just like his daddy. But, it has become quite apparent that he, like others before him (think Palin, Bachman, etc.), are nothing more than delusional media whores and grifters of the highest standard. Some believe his word salad. I and others think he’s a hypocritical, hybris-filled, un-Christian, un-American, un=patriotic, arrogant, and evil human being. Still waiting for him to pay us tax payers back the $24 billion he and his cohorts cost us for shutting down the government. Till he does, nothing he says means diddly squat.

  8. Uh, Teddy … have you ever heard of this little, insignificant document known as the U.S. Constitution?

    It kinda makes everything that you are proposing a direct violation of the ‘separation of powers’.

  9. Your comfortable with Paul? Then you should move to
    Kentucky, thats the only place that he’ll be going. Full of shit is a nice way to describe him.

  10. I’m having a little difficulty wrapping my brain around the fact that Cruz actually thinks he can take away the powers of the Federal courts and/or SCOTUS.

    We keep saying but…but…what about the Constitution. And the Constitution says this and that.

    SCOTUS has proven that the Constitution means nothing. The Citizens United and Hobby Lobby decisions violated, at minimum, the 1st, 9th and 14th amendments. Plus they have emasculated the Voting Rights Act by striking down Section 4 which has lead to the discriminatory voter id laws.

    If he wants the courts to find more in his favor, then I advise him to wait. It is only a matter of time before they discard the Constitution entirely.

    If I sound angry, well I am. I’m tired of watching our country go up in flames because of religious fanatics like Cruz. I’m tired of a Supreme Court that thinks corporations are people and have the same rights.

    The way things are going, he may get his wish.

  11. It seems that the SCOTUS is always a “Liberal” court when they cannot or will not be allowed to force their narrow views on we Real Americans. But when they get their way no matter how the court is balanced then the SCOTUS is “patriotically upholding the Constitution as our Forefathers intended” Any one who at this stage denies that the Right Wing has not become a full blown copy of Hitler’s 3rd Reich should have to be submitted for a cursory psychiatric examination.

  12. The Constitution is at odds with Christianity? Why whatever happened to the Revisionists notion that America was supposed to be a ‘christian nation’?

    So tell me, if they took the Constitution away, would that not include the Second Amendment that so many Right-Wingers feel is Gospel?

  13. Moongrim, the Christian Reich Wing GodnGuns people firmly believe that the Constitution is the Second Amendment surrounded by a few suggestions. The suggestions they ignore, the 2nd Amendment was given by God Himself handed personally to Charlton Heston on a gunpowder singed sheepskin.

  14. What makes Cruz think the old white boy club would be any easier? Does he think they will let a hispanic (spic to them) give them any executive directives ?

  15. Cruz is unhinged. Period! Republicans, already having an image problem will NOT nominate him as their poster boy. And IF so, the country will DEFINATELY reject this batchit, fire and brimstone preaching politician.

  16. It is marriage a personal right or a tool created by society with a goal in mind?

    If it is a personal right all this kinds of marriage must be allowed

    Dad -Son
    Mom- Daughter
    Between brothers
    Between Sisters.
    Grandpa – Grandson
    Grandma – Granddaughter

    And ABC will have the right to show teenage twin brothers in love and kissing.

    The next point is who will decide if marriage is a personal right?

    The Supreme Court Judges.

    Do they need some help?

    Forums like this will be helpful to them to collect ideas.

  17. If you really believe that letting two consenting adults of the same sex marry is the same as letting a father marry his daughter, you need a helmet.

  18. your tin foil hat must’ve fried what little brain you had.

    Is Political Conservatism a Mild Form of Insanity?
    Several psychological variables predicted political conservatism: Death anxiety, system instability, dogmatism/intolerance of ambiguity, closed-mindedness, low tolerance of uncertainty, high needs for order, structure, and closure, low integrative complexity, fear of threat and loss, and low self-esteem. The researchers conclude, a little chillingly, that “the core ideology of conservatism stresses resistance to change and a justification of inequality. “We are talking about someone full of fear, with a poor sense of self, and a lack of mental dexterity”

  19. And he’s an attorney! So much for a Harvard education. He must have been at the bottom of his class!


  20. Just remember this when you go to vote in 2016. Cruz should never be in the Oval Office. He hates a black man so much he would muddy the water about everything that President Obama has done. He’s not “white” either! [WINK]

  21. Patricia – – believe me when I say, You are, indeed, thinking straight. And many, many agree with every word you wrote.

  22. churches need to start being taxed like the rest of us. these people have been peddling hate for years.

  23. Am I missing a link to exactly what he said or where? Knowing it’s Cruz, I wouldn’t be surprised if he said it, but I can’t find any corroborating link or source in this article, and it quotes “one pundit” as commenting that Cruz is legislating from the bench. What, was this an anonymous pundit? Was that comment so controversial that the pundit can’t be named? This is aggravating–I can’t stand Cruz, but I can’t stand journalism or blogging like this even more. Source the damn thing or this looks like “lying for a good cause.”

  24. we can start by saying GO BACK TO CUBA
    like his ignorant dad said about Obama to go back to Kenya; I shutter at the fact that a Canadian born Cuban can actually be POTUS

  25. Please, please hire someone who knows the Constitution. This article is just dumb. Congress does not have the authority to “elminate the power of the federal courts.” The Constitution does give it the authority to determine the appellate jurisdiction of the courts, and this is what Cruz is talking about. It is highly unlikely that any bill to do that will pass, and even if it does, Obama will veto it. Shame you people don’t know what you’re talking about.

  26. Actually, you don’t.

    Congress created the district and appellate courts, and has the power, within certain parameters, to define their jurisdiction. Congress cannot affect the existence or original jurisdiction of the Supreme Court, which includes, inter alia, “all causes arising under the Constitution”. A claim of the right to marry, long established as a fundamental right, as recognized under (for example) the Fourteenth Amendment, is a Constitutional one and therefore under the mandatory jurisdiction of the Supreme Court. Denying the lower tribunals the power to hear such cases would thus only fast-track them to the Supreme Court itself.

  27. djchefron, some people like JanusVI actually cultivate “dumbass”! And in their minds they are correct I guess they assume or hope that if they cultivate it and stick to their guns then perhaps they will reach a saturation point where their “dumbass” will overtake reality.

  28. Rafael is the reichwing’s poster boy for konstooshnul
    reforms and SCOTUS pimpin’. Tea party sponsored con-
    tempt for anything progressive or beneficial that our
    POTUS approves. His shutdown tantrum over the ACA
    was just exactly what all the “patriots” who voted this
    seedy charlatan into office expect of him. There are
    pockets of political sanity in the state he came out of,
    but voters with IQs above their age obviously get out
    numbered on election day. Pity.

  29. Even if such a law were to be passed, it would be reviewable by the federal court system all the way up to The Supremes.

  30. Eh, we’re better than that. Let’s not go pulling race into any issues; this is an issue of sanity vs. insanity, of making sure Americas government remains secular, as it should be.

    I myself grew up in a conservative household, and it sickens me to think that Americans are so weak something as simple as religious views and equal rights could divide us.

    Thank god for the Internet, otherwise I’d likely be posting on a slightly more right-wing nut job site xD

    But to continue with the relevancy here, I feel as though this is a clear cut case of right and wrong; everyone is guaranteed the same rights and it’s clearly stated that our government shall favor no particular institution of religion.

    To do so would make us a defunct church state, the type Washington and the framers would barrel roll clean out of their graves from; America has two choices as I see it. We either do the right thing, or we move backwards and erase a progressive canvas.

  31. Ted Cruz: strutting ignorance, and with the degrees to prove it Ted Cruz, speaking Saturday at the Iowa Faith and Freedom Coalition summit (of their fears): Today’s Democratic Party has decided there is no room for Christians in today’s Democratic Party. There is a liberal fascism that is going after Christian believers. It is heartbreaking. But it is so extreme, it is waking people up…. We were founded by men and women fleeing religious persecution. We need leaders who will stand unapologetically in defense of the Judeo-Christian values upon which America was built. – See more at: http://pmcarpenter.blogs.com/p_m_carpenters_commentary/2015/04/ted-cruz-strutting-ignorance-and-with-the-degrees-to-prove-it.html#sthash.iE2LeJgA.dpuf

  32. Now now, no name calling or over generalizing a people: that’s the neo fasci- I mean republicans job. It can be so tempting to summarize their voters as ignorant, and I’d be so inclined to agree.

    If this weren’t a page on rights. Everyone has the right to ALL the freedoms guaranteed us by the constitution, and to say someone’s ignorant or guilty of low IQ because of their choices, there’s a bit of ignorance in that itself.

    Not trying to advocate rabid fanaticism like we see in so many red states, just trying to remind you: you likely either sit in the left or mid-ground, and you should stay above the Republican squabbling.

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