Turek: States Should Defend The Institution Of Marriage Just Like The South Defended Slavery | Right Wing Watch

Turek was advocating for a governor to simply refuse to recognize or enforce any federal court ruling striking down their state's gay marriage ban, much like how Andrew Jackson refused to enforce a Supreme Court ruling concerning relations with Native Americans. He predicted that if they were to do so, President Obama would then send out the National Guard to arrest them, at which point Christians would rally around the governor, resulting in all of them ending up in jail.

When hosts Tim Wildmon and Ed Vitagliano wondered just where they might find a governor courageous enough to take such a stand, Turek suggested that South Carolina would be a perfect choice because that state has a history of being willing to fight for states' rights, as demonstrated by the Civil War.

"It started in South Carolina with the Civil War as you know," Turek said, "for the same kind of issue: states' rights. Obviously the issue is different. I mean, slavery was different than obviously this. But, I mean, it was a states' rights issue"

So again we have a Reicher doling out a standard canard: that laws passed by referendum - by direct vote of the people - are somehow superior to laws adopted by ordinary statute and are therefore beyond judicial review. But hidden in Turek's diatribe is nullification, the theory advocating a state’s right to declare a federal law unconstitutional and therefore void. An issue decided on by the SCOTUS in Cooper v. Aaron that states do not have the right to refuse to enforce federal laws simply because they don’t like them. [See also: Bush v. Orleans Parish School Board, 364 U.S. 500 (1960), Ableman v. Booth, 62 U.S. 506 (1859), and United States v. Peters, 9 U.S. (5 Cranch) 115 (1809)]

What is boils down to,,,

1. The Supremacy Clause of Article VI - the Constitution and federal laws are "the supreme law of the land,,,"
2. Article III of the Constitution - the federal judiciary has the final power to interpret the Constitution.

Sorry Frank, stick to the bile, there is no precedence and easier to twist to your own agenda.

Turek: States Should Defend The Institution Of Marriage Just Like The South Defended Slavery | Right Wing Watch