Texas Sen. Ted Cruz Friday slammed the gay marriage and Obamacare rulings by the Supreme Court as "naked and shameless judicial activism" and called on Congress to support a constitutional amendment leaving the definition of marriage to the states.
In a National Review op-ed published Friday evening, Cruz also said he would propose a constitutional amendment to put Supreme Court justices' fates into voters' hands.
“In order to provide the people themselves with a constitutional remedy to the problem of judicial activism and the means for throwing off judicial tyrants, I am proposing an amendment to the United States Constitution that would subject the justices of the Supreme Court to periodic judicial-retention elections,” Cruz wrote. “As a constitutional conservative, I do not make this proposal lightly. ... But, sadly, the Court’s hubris and thirst for power have reached unprecedented levels.”
"Today is some of the darkest 24 hours in our nation’s history," the 2016 presidential candidate told Sean Hannity on his radio program.
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"Six justices joined the Obama administration," he said, referring to Thursday's decision upholding nationwide tax subsidies for the Affordable Care Act. "You now have Barack Obama, Kathleen Sebelius, and six justices responsible for forcing this failed disaster of a law on millions of Americans — and simply rewriting the law in a way that is fundamentally contrary to their judicial oaths."
Sebelius resigned last year as Secretary of Health and Human Services over the disastrous Obamacare rollout.
Cruz then turned his attention to Friday's 5-4 ruling saying that Americans have a constitutional right to gay marriage in all 50 states.
"Today, this radical decision purporting to down the marriage laws of every state," he began. "It has no connection to the United States Constitution.
"They are simply making it up. It is lawless, and in doing so, they have undermined the fundamental legitimacy of the United States Supreme Court."
Among the avenues of recourse is the constitutional amendment he has proposed allowing states to define marriage.
"I've introduced a constitutional amendment that would protect the authority of state legislatures to define marriage as the union of one man and one woman. We should pass that amendment," Cruz said.
"I've also introduce legislation stripping the federal courts of jurisdiction over legal assaults on marriage. "The Constitution explicitly gives Congress the power strip jurisdiction — and they check on a lawless judiciary. We should use that."
Cruz then slammed fellow Republicans for not "willing to stand up and fight for that."
"That's what I call the Washington cartel," he added. "It is a bipartisan coalition of career politicians in both parties.
"They're arm in arm with the lobbyists and the corruption in Washington," the senator added.
"The sad truth to that is leadership supports each those decisions," Cruz told Hannity. "A lot a lot of Republicans put out statements today saying they were unhappy.
"They were crying crocodile tears, because privately they're celebrating and popping champagne. They’re thrilled, number one, that the court didn't throw Obamacare back in the laps of Congress.
"They don't actually want stand up and do anything to stop it. They were overjoyed at the marriage decision, because they don't want to defend marriage and they're running away from it."
This, Cruz said, "is fundamentally dishonest and corrupt."
Perhaps the best thing to come from the court's decision on the 6-3 Obamacare decision is that the 2016 presidential sweepstakes is now "a referendum on repealing Obamacare," he said.
"If you're a 2016 presidential candidate, and you're not prepared to stand up and lead that fight and campaign everyday on repealing every word of Obamacare, then you need to get out of the way, because that's what this election is about.
"The men and women of America are fed up politicians in Washington who won't listen and won't lift a finger to stop this lawlessness," Cruz said.
In the National Review piece,
Cruz explained the reasons for his constitutional amendment:
"The Court’s brazen action undermines its very legitimacy," Cruz said. "Liberty is in the balance. Not only are the Court’s opinions untethered from reason and logic, they are also alien to our constitutional system of limited and divided government.
"By redefining the meaning of common words, and redesigning the most basic human institutions, this court has crossed from the realm of activism into the arena of oligarchy.
"This week’s opinions are but the latest in a long line of judicial assaults on our Constitution and the common-sense values that have made America great."
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