Gephardt Stands by Vow to 'Overcome' Supreme Court

NewsMax.com ^ | 6/25/03 | Chuck Noe

[Jean S]

Rep. Dick Gephardt's press secretary Eric Smith told NewsMax today that the congressman's controversial comments about the Supreme Court were being misinterpreted.

The congressman said he would use executive orders to overcome Supreme Court decisions he didn't like, not overturn them, the spokesman emphasized. "He's standing by it."

Smith said, "Dick Gephardt knows the law, and he knows he can't overturn" the court's decisions. "He's simply expressing his commitment to diversity" and to using every tool available to promote "affirmative action."

Asked if Gephardt, D-Mo., would find it acceptable if President Bush boasted he would use executive orders to overcome Supreme Court rulings, Smith insisted that Bush and other presidents did use executive orders that way.

In a clip shown today on Fox News Channel, Gephardt said, "It was a basic statement that you would say about anything." He admitted, "It may not be possible" to overcome the court with executive orders, but said that President Harry Truman used an executive order to integrate the military.

Fox's Brit Hume on Tuesday night ran a clip of Rep. Dennis Kucinich, D-Ohio, telling Rainbow/PUSH that if elected president he would "write a series of executive orders that will enshrine affirmative action in housing and education in every area of our economy."

Hume introduced the footage of Gephardt's comment by saying, "Missouri Congressman and fellow candidate Dick Gephardt went much further, seemingly promising to flat-out defy the Supreme Court if necessary."

A spokesman for one of the other Democrat presidential campaigns, who did not want to be identified, told NewsMax that Gephardt's statement in Chicago "jumped out at" him. "What does that mean?" he said he asked himself.

He wryly suggested that NewsMax contact experts in constitutional law to explore the issue further.

That Pesky Constitution

Gephardt's pledge to Rainbow/PUSH contradicts "our current understanding of how the system works," said Paul Rosenzweig, a senior fellow at the Heritage Foundation and law professor at George Mason University.

He cited Marbury vs. Madison, the landmark decision of 1803 that designated the Supreme Court as the arbiter of the Constitution with the power to declare congressional actions, and by extension presidential actions, unconstitutional when exceeding the powers granted by the Constitution.

As for Gephardt's comment about Harry Truman integrating the military, Rosenzweig said he was unaware of any court ruling overturned by that executive order. Truman did exceeed his powers, and get overruled by the Supreme Court, when he tried to nationalize the steel industry, the professor said.

Rosenzweig disputed Smith's charge that Bush and other presidents undermined court rulings with executive orders. He noted that Bush had not tried to nullify Roe vs. Wade and could not, for example, write an executive order banning abortions in all federal hospitals.

Rosenzweig thinks Gephardt knows better and was merely making a campaign promise to an audience that wanted to hear it. "He can't possibly mean what he sounds like he means."

[Semper Paratus]

would use executive orders to overcome Supreme Court decisions he didn't like, not overturn them

Oh, OK that sounds so much better(!!??)

[Izzy Dunne]

a series of executive orders that will enshrine affirmative action in housing and education in every area of our economy."

Let the pandering contest begin.

[Izzy Dunne]

Rosenzweig thinks Gephardt knows better and was merely making a campaign promise to an audience that wanted to hear it.

If you're an optimist, Gephardt's a liar.
If you're a pessimist, Gephardt's ignorant of the law.

I like it.

[dead]

It’s kinda funny that Rainbow/Push got a bunch of white guys to get up on the stage and tap dance for their amusement.

"Like dis heah, missah Jackson?" -Steppingephardt!

[El Laton Caliente]

No;

If you're a pessimist, [Herr] Gephardt plans to do away with the Constitution when it gets in his way. It is the way of the left...

[weck34]

It seems as though Gephardt should try showing up for his own job before he attacks the jobs of others. Dicky has missed 88 percent of House roll calls this year

http://www.humaneventsonline.com/article.php?id=987

[Bikers4Bush]

One of the many, many reasons this man should not even be permitted to hold a public office.

[Eric in the Ozarks]

Were it not for all the dead people and their dogs who vote every two years in St. Louis, he wouldn't be in office.

[thoughtomator]

That's what it sounds like to me - a pledge to ignore the Constitution and treat the office of President as if the job description read 'tyrant'.

[schaketo]

=== Cut === Paste === Email to Friends and Family ===

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=== Cut === Paste === Email to Friends and Family ===

[evad]

If you're an optimist, Gephardt's a liar.
If you're a pessimist, Gephardt's ignorant of the law.

Kinda like Hitlary..
She's either the most gullible woman in the world or she's the biggest liar in the world.

I like it too.

[evad]

"Dicky has missed 88 percent of House roll calls this year "

This is a good thing...right??

[alwaysconservative]

a series of executive orders that will enshrine affirmative action in housing and education in every area of our economy

And they're such successful roles models of government, too! (/sarcasm)

[Eric in the Ozarks]

Kit Bond was saying we need the FBI to be employed as poll watchers in St. Louis County.

[Puppage]

THIS is the very scenario envisioned by our Forefathers & WHY there is a SECOND AMENDMENT!!

[DannyTN]

"Rosenzweig thinks Gephardt knows better and was merely making a campaign promise to an audience that wanted to hear it. "He can't possibly mean what he sounds like he means." - article

So Gephart is either a liar saying what he doesn't mean or he doesn't believe in the constitution. Take your pick.

[CyberAnt]

Don't worry Dickie ... WE DIDN'T MISINTERPRET WHAT YOU SAID. You said you would not abide by the LAWS OF THE LAND.

Stick a folk in him - he's done!!!