Former Supreme Court clerk and Republican primary candidate Ted Cruz says the American people should decide who fills the late Justice Antonin Scalia's seat by voting in the next presidential election, and warned that he would filibuster any attempt to bring up his anticipated nominee.

"I will oppose any attempt by the Democrats to deny the American people their say," he wrote in a Monday morning Wall Street Journal op-ed. "There should be no hearing on any nomination that President Obama makes, and if any confirmation vote is attempted, I will filibuster it."

So far there seems to be little risk of a filibuster, as Senate Republicans have said they won't allow a hearing on Obama's nomination, much less a vote. Like other Republicans, Cruz said the next president should decide the fate of the Supreme Court, which means giving people a chance to consider how each party might fill Scalia's seat.

"President Obama and Democrats favor justices who see the Constitution as a potter sees clay — something that can be molded to achieve their desired result," Cruz said in a Monday morning Wall Street Journal Op-Ed.

This idea of a "living constitution" first arose under President Wilson, and Cruz argued that this interpretation has led Democrats to use the document to invert rights that are not mentioned in the Constitution.

In order to maintain the Republican view of the constitution, meaning upholding the belief that "a judge's task is limited — to discover what that meaning is, not to make it up," Cruz argued that judges need to practice more restraint.

Prior to Scalia's passing, the possibility of Supreme Court vacancies was already a defining issue on the campaign trail, but in the wake of his death candidates have fought over whether Obama should fill chose his successor. In the hopes of creating a more conservative court, Cruz cited historical precedent suggesting that the seat should remain vacant until the next president is sworn in.

"Do the American people want a justice who adheres to the unchanging text, history and structure of the Constitution, or do they want a justice who thinks the Constitution should evolve with the personal beliefs of unelected lawyers?" Cruz asked. "Voters deserve the opportunity to speak on this subject through the next president."