According to the GOP candidate, the United States would be operating under “judicial supremacy” instead of judicial review if bans on same-sex marriage were to be struck down.He really doesn't understand "judicial review" or the fact that SCOTUS is not making "new" law but interpreting laws that are already in place, ie the Fourteenth Amendment:
“Presidents have understood that the Supreme Court cannot make a law, they cannot make it, the legislature has to make it, the executive branch has to sign it and enforce it,” Huckabee said. “And the notion that the Supreme Court comes up with the ruling and that automatically subjects the two other branches to following it defies everything there is about the three equal branches of government.”
“The Supreme Court is not the supreme branch,” he added. “And for God’s sake, it’s not the Supreme Being.”
[T]he courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Mike Huckabee: Next president must obey ‘Supreme Being’ instead of Supreme Court on gay marriage
No comments:
Post a Comment