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Mike Huckabee: As president I'd defy the courts and go to jail like Kim Davis if necessary
• http://www.rawstory.comSpeaking with host George Stephanopolous, the GOP presidential candidate claimed court orders only become binding upon citizens when state or federal legislatures take the ruling and codify it into law.
Huckabee — who has hitched his fading star of a campaign to the fortunes of Kim Davis, the Kentucky county clerk who is currently sitting in jail for contempt after refusing marriage licenses to same-sex couples — explained that there is no specific law Davis should have been following.
"George, can you cite for me what statute Kim Davis would be required follow in order to issue a same-sex marriage license in Kentucky when her state specifically says, by 75 percent of the voters, that marriage means one man, one woman?" Huckabee asked. "Can you cite the statute at the federal or state level that she's supposed to follow? Even the very form that she fills out specifically lists a male and a female. Does she have the authority just to scratch that out and create her own?"
"Doesn't she have to the duty to obey a legal order from the court?" Stephanopolous pressed.
"Well, you obey it if it's right. So I go back to my question. Is slavery the law of the land?" Huckabee attempted as way of an explanation. "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."
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1 Comments in Response to Mike Huckabee: As president I'd defy the courts and go to jail like Kim Davis if necessary
Huckabee, in this statement, implies he'd allow himself to be arrested for committing no crime whatsoever while seated as POTUS. Rather silly, if you ask me! Compare Huckabee's statement in the title of this article to what Andrew Jackson wrote in a letter in response to the Worcester v. Georgia case (Wiki article here: https://en.wikipedia.org/wiki/Worcester_v._Georgia) "...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate," The cite from the letter (immediately above) gave rise to the legend of Jackson publicly declaring, "John Marshall has made his decision; now let him enforce it!" If Huckabee knew the COTUS well enough to be POTUS, he'd know the supremacy clause. It declares the Constitution itself, duly passed legislation "in pursuance of the Constitution", and treaties as supreme law of the land. I think Marshall cited that in Marbury v. Madison, calling the COTUS "paramount law", trumping legislation and treaties. Article I clause I vests all legislative powers in a Congress of the United State. Article III clause I vests all judicial powers in the supreme Court and various inferior courts. Article I Section 7 specifies how legislation becomes law, or does NOT become law. Legislation passed in accordance with Article I Section 7 is Supreme Law. SCOTUS rulings are not. ASIDE: Neither are executive orders. In this statement, Huckabee may "wow" certain factions, but for avid Constitutionalists, he trips over his own feet. DC Treybil