JOHN DICKERSON (MODERATOR): So Senator Cruz, the Constitution says the president shall appoint with advice and consent from the Senate, just to clear that up. So he has the constitutional power. But you don't think he should. Where do you set that date if you're president? Does it begin in an election year, in December, November, September? And once you set the date, when you're president, will you abide by that date?

TED CRUZ: Well, we have 80 years of precedent of not confirming Supreme Court justices in an election year. And let me say--

DICKERSON: I'm sorry to interrupt, were any appointed in an election year or, is that just there were 80 years--

CRUZ: 80 years of not confirming. For example, L.B.J., nominated Abe Fortas. Fortas did not get confirmed. He was defeated.

DICKERSON: But Kennedy was confirmed in '88.

CRUZ: No, Kennedy was confirmed in '87.

DICKERSON: He was appointed in 87 -- That's the question, is it appointing or confirming? What's the difference?

CRUZ: In this case it's both. But if I could answer the question--

DICKERSON: Sorry, I want to get the facts straight for the audience. But I apologize.