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Gephardt Stands by Vow to 'Overcome' Supreme Court
NewsMax.com ^ | 6/25/03 | Chuck Noe

Posted on 06/25/2003 11:58:39 AM PDT by 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."


TOPICS: Constitution/Conservatism; Extended News; Front Page News; Politics/Elections
KEYWORDS: 2004; dickgephardt
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1 posted on 06/25/2003 11:58:40 AM PDT by Jean S
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To: JeanS
would use executive orders to overcome Supreme Court decisions he didn't like, not overturn them

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

2 posted on 06/25/2003 12:00:16 PM PDT by Semper Paratus
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To: JeanS
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.

3 posted on 06/25/2003 12:01:24 PM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: JeanS
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.

4 posted on 06/25/2003 12:03:41 PM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Izzy Dunne
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!

5 posted on 06/25/2003 12:06:38 PM PDT by dead
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To: Izzy Dunne
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...
6 posted on 06/25/2003 12:09:17 PM PDT by El Laton Caliente
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To: JeanS
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
7 posted on 06/25/2003 12:11:41 PM PDT by weck34
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To: JeanS
One of the many, many reasons this man should not even be permitted to hold a public office.
8 posted on 06/25/2003 12:12:34 PM PDT by Bikers4Bush
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To: Bikers4Bush
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.
9 posted on 06/25/2003 12:15:11 PM PDT by Eric in the Ozarks
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To: El Laton Caliente
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'.
10 posted on 06/25/2003 12:16:11 PM PDT by thoughtomator (Road Map = Road Kill)
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To: JeanS
=== Cut === Paste === Email to Friends and Family ===

In the upcoming democratic primary (2004) ...

BIG AL NEEDS OUR HELP! - Register as a democrat and vote for Crazy Al!

Rev. Al Sharpton is officially running for president in 2004.

During the May 3, 2003 demoncrap debate in Columbia, S.C., our man Al stated “The way to move a donkey is to slap the donkey,” and “I’m going to slap the donkey until the donkey kicks”.

Let’s help Crazy Al slap the donkey until it kicks.

Assume GW has the Republican nomination sewn up. Its time for all good republicans, libertarians, and independents to stand up and be counted. Lets take a page from Sen. McCain’s play book. Prior to the 2004 democratic presidential primary in your state, re-register as a democrat and vote for Al Sharpton!

Wouldn’t it be great if Crazy Al won! At the very least, lets ensure he gets prime time speaking rights at the 2004 nationally televised democratic convention. You gotta love it. Line up, sign up, and send this to all your like-minded friends.

Here is a link to planned 2004 primary dates from the National Association of Secretaries of State:
http://www.nass.org/Issues/04primaries.html

Check here for the rules governing primary voting in your state:
http://www.fec.gov/votregis/primaryvoting.htm

In case you’d like to send Big Al a donation:
http://www.al2004.org/BR>
Anyone need a bumper sticker or button?
http://democraticbuttons.freeservers.com/

How about an Al Sharpton yard sign?
http://shop.store.yahoo.com/victorystore00/pryasi.html

Want to keep up on the latest on Big Al’s progress? Go to the Republicans for Sharpton website at:
http://www.republicansforsharpton.com/

Oh yea, and don’t forget to call the local demoncrap party headquarters and ask them the following before the primary election:

1. Can I get a ride to the polls – help them spend their money during the primaries so they’ll have less during the national election. Have them take you the scenic route and stop off and do some shopping on the way home.
2. Are you giving anything away free for voting democrat? Cigarettes, box of cigars, box lunch, etc. Ask for two of each.
3. Send 25 cents in the mail to the DNC and watch how much they spend on mailing you to give to the party. Always send their solicitation back to them with all associated literature in the prepaid envelope included in the mailing. They have to pay that postage upon return. Great way to help them spend money and keep you up to date on their propaganda.

Democratic National Committee
430 S. Capitol St. SE
Washington, DC 20003

Main Phone Number: 202-863-8000

Can you think of any other questions we should ask them?

=== Cut === Paste === Email to Friends and Family ===
11 posted on 06/25/2003 12:26:00 PM PDT by schaketo (White Devils for Al Sharpton in 2004... Pennsylvania Chapter)
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To: Izzy Dunne
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.

12 posted on 06/25/2003 12:36:06 PM PDT by evad (Hitlary..lying..It's WHAT she does, it's ALL she does and she WON'T stop...EVER!!)
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To: weck34
"Dicky has missed 88 percent of House roll calls this year "

This is a good thing...right??

13 posted on 06/25/2003 12:38:15 PM PDT by evad (Hitlary..lying..It's WHAT she does, it's ALL she does and she WON'T stop...EVER!!)
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Comment #14 Removed by Moderator

Comment #15 Removed by Moderator

To: Izzy Dunne; JeanS
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)

16 posted on 06/25/2003 1:11:15 PM PDT by alwaysconservative (This tag line is optional)
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To: wolf24
Kit Bond was saying we need the FBI to be employed as poll watchers in St. Louis County.
17 posted on 06/25/2003 1:15:05 PM PDT by Eric in the Ozarks
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To: JeanS
THIS is the very scenario envisioned by our Forefathers & WHY there is a SECOND AMENDMENT!!
18 posted on 06/25/2003 1:35:55 PM PDT by Puppage (You may disagree with what I have to say, but I will defend to your death my right to say it)
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To: Semper Paratus
"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.

19 posted on 06/25/2003 1:39:52 PM PDT by DannyTN (Note left on my door by a pack of neighborhood dogs.)
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To: JeanS
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!!!
20 posted on 06/25/2003 1:51:42 PM PDT by CyberAnt ( America - You Are The Greatest!!)
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