Posted on 07/01/2015 2:31:14 PM PDT by SeekAndFind
Mike Huckabee and Ted Cruz are suggesting there might be ways for states and cities to nullify the justices’ ruling. They’re wrong.
The Supreme Court’s decision last week did make gay marriage legal nationwide. Unfortunately for social conservatives, it did not, however, make nullification legal around the nation.
Nullification is the historical idea that states can ignore federal laws, or pass laws that supercede them. This concept has a long but not especially honorable pedigree in U.S. history. Its origins date back to antebellum America, where Southern states tried to nullify tariffs and Northern states tried to nullify fugitive-slave laws. In the 1950s, after Brown v. Board of Education, some Southern states tried to pass laws to avoid integrating schools. It didn’t work, because nullification is not constitutional.
Yet futile hope springs eternal. Since the ruling, a handful of officials have suggested that states need not issue licenses for same-sex marriages. The two most notable voices are two Republican candidates for president, Mike Huckabee and Ted Cruz.
Here’s Cruz, speaking to NPR:
"They cannot ignore a direct judicial order. The parties to a case cannot ignore a direct judicial order. But it does not mean that those who are not parties to case are bound by a judicial order ....
The entire premise of the decision on marriage was that in 1868, when the people of the United States ratified the 14th Amendment, that we were somehow silently and unawares striking down every marriage law across the country. That's a preposterous notion. That is not law. That is not even dressed up as law."
This is a little slippery to interpret—Cruz’s words are opaque, so that it’s unclear whether he’s actually arguing that officials should refuse to issue marriage licenses, or simply making an intellectual argument that they could.
(Excerpt) Read more at theatlantic.com ...
Yes!
The court is rogue! The court must be ignored.
SCROTUS DOES NOT HAVE THE AUTHORITY TO MAKE OR PASS LAWS.
SCROTUS DOES NOT HAVE THE AUTHORITY TO MAKE OR PASS LAWS.
SCROTUS DOES NOT HAVE THE AUTHORITY TO MAKE OR PASS LAWS.
SCROTUS DOES NOT HAVE THE AUTHORITY TO MAKE OR PASS LAWS.
SCROTUS DOES NOT HAVE THE AUTHORITY TO MAKE OR PASS LAWS.
SCROTUS DOES NOT HAVE THE AUTHORITY TO MAKE OR PASS LAWS.
SCROTUS DOES NOT HAVE THE AUTHORITY TO MAKE OR PASS LAWS.
RINSE AND REPEAT!
What is the means of enforcement? Obama does overtly illegal acts with regularity simply because there is no mechanism to stop him. Just like the republicans won’t go hard to stop Obama, does anyone think the feds will start a led and blood civil war over buggery?
why not?
the fedgov ignored the DoM law for 4+ years and the border/immigrations laws for even longer
led = lead
Make my day, twinky.
There is safety in numbers. If you don’t believe it, just ask the illegal alien leeches.
“They cannot ignore a direct judicial order”
Obama does it all the time.
The states all suck on the federal money teat.
They have prostituted themselves to the federal government and now cannot survive without federal funds.
If they rebel against Supreme Court big government, leftist decisions the federal government will cut off funds for programs that will create the most public inconvenience and suffering as a way of forcing the states back into lockstep.
Remember the 2013 Obama led federal government shutdowns of parks, monumants and services as retaliation for the debt ceiling and funding fight?
Well, the bullies are still in charge.
If you oppose Nullification, then you are siding with the defendants at Nuremberg: “All orders must be obeyed without question!”
Warning...gross picture at link.
If the Supreme Court is not only considered supreme over the inferior courts, but supreme over God Almighty, over truth, over nature, over the very meanings of words, over We the People, over the Constitution, and over the other branches of government, the republic has been overthrown. There has been a coup d’etat.
RE: The States that have their own marriage laws should band together and sue the Supreme Court.
Now this is interesting. Let’s say this happens in an unlikely case. Where is the lawsuit going to be brought?
What court is even more Supreme than the SCOTUS?
Even this liberal writer realizes Obama wouldn't have the b@lls to use force and risk a massive uprising or civil war. Heck look at the Bundy Ranch situation, Obama ran away like a whipped pup. Unfortunately, I also don't see any Republican governor with the testicular fortitude to attempt flat out rejection of the Supreme Court....
Finally exposed. Most of us Constitutionalists have been trying to say this for King Obama's term but couldn't express it like these few words have. Thank you.
None. The hope would be in the news media and it would create and maybe wake up America that we are now a communists nation with a complete dictatorship.
Funny that - Because several states have nullified federal law wrt marijuana...
This is a lie, and this whole screed is based on it.
Never trust the premise of a liberal.
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