Gov. Abbott of Texas should say 'no'
Over the last few weeks, I've heard Governor Huckabee say that he won't bow to the Supreme Court. He went farther today:
Constitution, we have three, coequal branches of government. The courts can interpret law but cannot create it. The ruling still requires congressional funding and executive branch enforcement. The Supreme Court is not the "Supreme Branch," and it is certainly not the Supreme Being. If they can unilaterally make law, and just do whatever they want, then we have judicial tyranny.
Throughout our nation's history, the court has abused its power and delivered morally unconscionable rulings. They have rationalized the destruction of innocent human life, defined African Americans as property and justified Japanese-American internment camps. U.S. presidents, including Abraham Lincoln, Andrew Jackson, and Franklin Delano Roosevelt, ignored Supreme Court rulings, rejecting the notion that the Supreme Court can circumvent the Constitution and "make law."
I also reject the idea of "judicial supremacy" as just another flawed, failed feature of big government, inconsistent with what our founders fought a revolution to establish.
I'm not endorsing Governor Huckabee. I am instead calling on Governor Abbott of Texas to stand up to this ruling by saying something like this:
First, the Supreme Court is not in the business of creating rights. Justice Kennedy, and 4 others, created a right. They also used the 14th amendment to create a right that was never intended by the people who framed it. Can someone show me where marriage, or the definition of marriage, stands in the context of the 14th amendment?
Second, the people of Texas voted in huge numbers to define marriage between a man and a woman. What happens to these Texans? Who respects their vote?
Third, Texas will not accept this decision. We will meet President Obama, or anybody else, at a Constitutional Convention.
The conventional wisdom is that the issue is now settled, as was abortion in 1973. I don't think so with same-sex marriage. I believe that a governor should challenge it. My guess is that he will find that a lot of other governors will join him.
We learned this week that justices can rewrite laws and create rights. It's time for someone to say no.
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