Sen. Ted Cruz Joins Sen. Rand Paul's Filibuster on Brennan Nomination Part 4

Summary

During Senator Rand Paul’s filibuster opposing John Brennan’s nomination, Senator Ted Cruz joined Paul on the Senate floor and read a lengthy selection of social media messages. The posts expressed support for Paul’s position on whether the president could order drone strikes against U.S. citizens on U.S. soil without due process.

Cruz noted that support came from people across party lines and described the filibuster as a defense of constitutional principle rather than a partisan effort. He also thanked Paul for giving him the opportunity to make his first speech on the Senate floor.

Asked what he would say to those supporting him, Paul said constitutional protections matter more than personalities or party. He argued that due process safeguards people against false accusations and that the Fifth Amendment should not be optional at the executive branch’s discretion. He characterized the issue as one that could unite Democrats and Republicans.

Cruz argued that the Constitution divides government power to protect liberty from being concentrated in any one branch. He said it was the Senate’s duty to resist if a president claimed authority to kill U.S. citizens on U.S. soil without due process. Cruz criticized Attorney General Eric Holder for repeatedly calling such an action “inappropriate” without clearly saying it would be unconstitutional. He argued that trust in officials is not an adequate substitute for constitutional safeguards.

To support his argument, Cruz cited Justice Robert Jackson’s concurrence in the Youngstown steel seizure case, which describes presidential power in relation to congressional authorization or opposition. Cruz contended that Congress had not authorized the use of such lethal force in the circumstances under discussion, and that the Senate’s debate made it harder for the administration to claim Congress had remained silent. The excerpt ends as Cruz begins discussing Jackson’s third category: presidential action that conflicts with Congress’s expressed or implied will.

Presenters and Contributors

• Senator Ted Cruz
• Senator Rand Paul