Someone forgot to tell Huckabee that in the United States CANNON LAW is only applicable within the Church. It does NOT supersede CIVIL LAW. (ks)
Appearing on This Week With George Stephanopoulos, Mike Huckabee did a song and dance about “judicial tyranny.” In speaking about the Kim Davis controversy, Huckabee showed his 1) misunderstanding of the Constitution and 2) that he’s bonkers. Completely batsh*t.
The leading voice in the “Free Kim Davis” campaign spoke with George Stephanopoulos on Sunday morning. While invoking great presidents of the past — who surely would disapprove of the intrusion of religion on the law — Huckabee tried to spin them onto his side of things:
“We had so many different presidents, including Jefferson, Jackson, Lincoln — there were other founders like Hamilton, Adams — who made it very clear that the courts can’t make a law. The Constitution is expressly clear that that’s a power reserved to Congress. When the courts have a ruling, then it is incumbent on Congress to codify that into law and specifically delineate what that means. That hasn’t happened, George.”
Um, no. That’s not how it works, Mikey. The Judiciary Act of 1789 gave the Supreme Court the jurisdiction to issue writs compelling government officials to follow the law. Which they did in Kim Davis’ case. Congress gave the Supreme Court that power. By passing a law.
Now, go to Article VI of the Constitution and read where that paper is the Law of the Land. The Supreme Court rules on the constitutionality of any law Congress passes. This is why the Affordable Care Act could be challenged and the Supreme Court could knock those challenges down. The Supreme Court can also strike down state laws that it finds violate the Constitution; this came with the passage of the Fourteenth Amendment.
Here’s the deal… The Supreme Court decides when a right is protected by the Constitution or when a Constitutional right is violated. They did this in the Obergefell v. Hodges decision. Same-sex marriage is legal in every state. The only way to change that is with a Constitutional amendment. Good luck with that.
Stephanopoulos then asked Huckabee if Kim Davis has a duty to abide by the Court’s decision and obey the writ it issued.
“Well, you obey it if it’s right. So I go back to my question. Is slavery the law of the land? Should it have been the law of the land because Dred Scott said so? Was that a correct decision? Should the courts have been irrevocably followed on that? Should Lincoln have been put in jail? Because he ignored it.”
The proverbial apples and oranges. The Dred Scott decision withheld civil rights. Obergefell v. Hodges confirmed a civil right. That means that, short of a Constitutional amendment, it is the law that the benefits of marriage shall not be withheld from gay couples.
Now, about this assertion that someone only has to obey a law “if it’s right…” Who, pray tell, decides if a law is “right?” The courts? Congress? The President? Wait, let me guess: the Bible? You just know it.
Huckabee, and the people who think like him, don’t love America, and nor do they venerate the Constitution. To them, the Bible is the only authority. A book of ancient laws written by Middle Eastern men, a history of the Hebrews and the story of a man whom they say they follow. But they cherry-pick the parts they like. And Huckabee is ignoring Romans 13:1-7.
It’s just this simple: all Americans have the same rights according to the Law of the Land. These rights cannot be taken away. As Justice Anthony Kennedy wrote in the majority opinion of Obergefell v. Hodges:
“Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right.”
Mike Huckabee is no Christian. He is an anarchist. He would wipe out any law he disagreed with and allow other individuals to do the same. That would lead to chaos. It is not what the Founders laid out in the Constitution. Why does Mike Huckabee hate America?