As you may have already heard back in 2007, the solicitor general of Texas, Ted Cruz, wrote what is being popularly referred to as an anti-sex toy briefing in an effort to uphold an obscenity statue that’s legislative predecessor dated back to 1973.
This statue had later been expanded in 1979 by the states legislature to prohibit the “promotion” or “wholesale promotion” of devices “designed or marketed as useful primarily for the stimulation of human genital organs.” The stated purpose of then Solicitor General Cruz’s brief was to uphold public morals.
The U.S. Court of Appeals for the 5th District in February 2008 ruled against upholding established Texas law and prompted a second effort with Cruz partnering with current Texas Gov. Greg Abbott who was the attorney general of Texas at the time. They were subsequently defeated in their second attempt as well.
To the untrained eye, this nonstory coming to the surface may be seen as justification for Cruz opponents to try to demagogue the potential for a theocratic style presidency from him.
The fact remains in his role as solicitor general his responsibility was to assist the attorney general as the chief appellate lawyer for the state. The office of the attorney general, which Cruz was responsible for assisting, was itself responsible for defending the laws and the Constitution of Texas. It had been his duty to work to uphold the ingrained law that had been passed by the state legislature almost 35 years earlier.
With all the talk of “New York values” and the generally liberal social values of New Yorker’s, including moderate Republicans from the state, I find it curious that some media outlets had chosen to run and play up this story.
In addition to the New York primary, others are still left to be decided in very blue states like California and New Jersey.
Making a fire where there isn’t even smoke is a common tactic utilized by biased and agenda driven media outlets. In our age of the “headline and sound bite” stream of public consciousness, the average lesser engaged voter couldn’t care less try to analyze at length the totality of a candidate’s career. Failing to do so would prohibit them from being able to properly assess what the end result may look like should they eventually, after a grueling primary phase go on to win a general election.
Sen. Cruz has always had a bull’s-eye on his back in the more liberal areas of the United States. He has at times been unfairly compared with other social conservatives like the two time unsuccessful presidential candidate former Pennsylvania Sen. Rick Santorum. Santorum had turned off many moderates with a hardline social conservative stance and inspired fear in many voters that he would attempt to bypass constitutional protections in an attempt to legislate morality unilaterally.
Those fears should not unfairly apply to Sen. Cruz as he has long been a 10th amendment proponent and an enemy of the imperial style of governance employed by our current President Barack Obama. When questioned on an appearance on NBC’s “Late Night with Stephen Colbert” on the issue of gay marriage Cruz clearly stated, “I believe in democracy.”
While his response initially elicited boo’s from the New York audience he would go on to state, “The 10th amendment says if it (the Constitution) doesn’t mention it, it’s a question for the states, that’s in the bill of rights.”
The worst outcome any social issues voter should fear from any of the potential administrations is that they rule lawlessly. Whether or not their values are similar or identical to that voter is irrelevant.
If we allow the executive branch to usurp the constitution in one way or another, then that sets precedence for any subsequent administration to do the same. The next ticket in may lawlessly work to install an agenda that the voter may not agree with.
Believe in democracy. The Constitution works.
Julio Rivera is an entrepreneur, small business consultant and political activist. He contributes to RightWingNews.com and NewsNinja2012.com, and had previously covered boxing and baseball for the now defunct "The Urban News" in his native Paterson, N.J. For more of his reports, Go Here Now.
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