Former Arkansas Gov. Mike Huckabee, a once and likely future presidential candidate, went on Hugh Hewitt’s radio show Tuesday, Jan. 20, to explain how just because federal courts — and eventually probably even the U.S. Supreme Court — issue rulings saying that laws banning same-sex marriage are unconstitutional, that doesn’t mean that the president or Congress or state governors and legislatures don’t have to abide by those rulings.
As reported by TheNewCivilRightsMovement.com, Huckabee said:
“If the federal Supreme Court rules that same sex marriage is protected under the 14th Amendment, you still have to have Congress and the president act to agree with it, because one branch of government does not overrule the other two. This idea that a judge makes a ruling on Friday afternoon, and Saturday morning same-sex marriage licenses are being given out, that’s utter nonsense, because there’s not been any agreement with the other two branches of government.
“One thing I am angry about, though, Hugh, is this notion of judicial supremacy, where if the courts make a decision, I hear governors and even some aspirants to the presidency say well, that’s settled, and it’s the law of the land. No, it isn’t the law of the land. Constitutionally, the courts cannot make a law. They can interpret one. And then the legislature has to create enabling legislation, and the executive has to sign it, and has to enforce it.”
Ummmm, I’m no constitutional legal scholar by any stretch. But I am pretty sure that good ol’ Mike hasn’t got the first clue about how our judicial system works and how the courts actually interact with the other two branches of the federal government (and with state governments).
From what I recall from those long-ago days when I was in school, Congress and state legislatures can make laws, and it is precisely the duty of the courts — all the way up to and including the Supreme Court — to make sure that those laws do not violate the rules of the Constitution. And when the courts decide that a law is unconstitutional — as is happening over and over again with marriage equality bans — those laws don’t get to stay in effect.
Even when Hewitt, a conservative himself who happens to be a professor of law (at the same school where the head of the right-wing National Organization for Marriage teaches), reminds Huckabee about the Supremacy Clause (Article VI, Paragraph 2 of the U.S. Constitution, which establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitution), Huckabee refused to be swayed. He promised that even if he were the only one, he would insist on standing firm against all the courts in all the land because “because I believe it is the right position, it’s the Biblical position, it’s the historical position.”
You can listen to Huckabee here.