An October 16, 2013 report in the Daily Caller states that one of Ted Cruz’s old professors, Alan Dershowitz, at Harvard Law took the time to admonish his old student and suggest that his confrontational tactics run counter to the Constitution.
“’[I] think it raises very serious constitutional questions of the kind that Ted Cruz should be interested in Could you imagine Hamilton and Madison sitting around and drafting the Constitution and The Federalist Papers? They’re talking about how the government has to pay its debts, how it has to secure the credit of the United States, how the House of Representatives has to originate bills on revenue. Nobody in a million years would have contemplated the power of Congress to shut down the government, to create doubts about our creditworthiness. I think you can make a very strong argument that what Ted Cruz is doing is deeply unconstitutional. Whether a court would accept that or say it’s a political question is another issue. But Cruz is a principled man. He ought to look at the Constitution and look into his heart and ask himself, ‘What would Alexander Hamilton have done?’”
Of course Cruz might respond that Hamilton didn’t have to deal with the likes of Harry Reid and Barack Obama, two politicians who would have been a toxic influence had they been at the Constitutional convention. Even Aaron Burr killed Hamilton honestly with a dueling pistol.
Also Dershowitz is likely aware that there have been 17 government shutdowns since 1976. No one, so far as known, ever tried to test the constitutionality of those shutdowns. Trying to stop Congress from using its power of the purse would likely not, contrary to what Dershowitz suggests, would likely not pass constitutional muster.