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Fearless

(18,421 posts)
Thu Sep 10, 2015, 03:20 PM Sep 2015

Mike Huckabee Just Said The Dred Scott Decision 'Remains To This Day The Law Of The Land'

Mike Huckabee for months has been peddling a faulty understanding of how the law in America works. The former Arkansas governor insists that unless a local, state, or federal lawmaking body, like your city council or the U.S. Congress, passes a bill and it is signed into law, it isn't law. In other words, everything is illegal unless a law makes it legal.

On top of that false theory, Huckabee insists that the Supreme Court cannot "make laws." So if they strike down a law, say, a ban on same-sex marriage, that does not mean that same-sex marriage is legal.

Some may have bought into this fiddle-faddle, but now Huckabee has pushed his unique version of jurisprudence too far.

"Mike Huckabee said Wednesday that the Supreme Court’s 1857 ruling in Dred Scott v. Sandford — which held that all blacks, free or enslaved, could not be American citizens — is still the law of the land even though no one follows it," Buzzfeed's Christopher Massie reports today.

Of course, nearly every high school student, and many even younger, know that the 14th Amendment overturned the Dred Scott decision.

http://www.thenewcivilrightsmovement.com/davidbadash/mike_huckabee_just_said_the_dred_scott_decision_remains_to_this_day_the_law_of_the_land



While defending Kentucky Clerk Kim Davis’s refusal to issue marriage licenses out of her religious opposition to same-sex marriage, Mike Huckabee said Wednesday that the Supreme Court’s 1857 ruling in Dred Scott v. Sandford — which held that all blacks, free or enslaved, could not be American citizens — is still the law of the land even though no one follows it. Radio host Michael Medved quickly pointed out to the former governor of Arkansas that the decision was overturned by the 13th Amendment. (Although the 13th Amendment ended slavery, the birthright citizenship clause in the 14th Amendment overturned the Dred Scott decision.)

“I’ve been just drilled by TV hosts over the past week, ‘How dare you say that, uh, it’s not the law of the land?’” Huckabee said. “Because that’s their phrase, ‘it’s the law of the land.’ Michael, the Dred Scott decision of 1857 still remains to this day the law of the land which says that black people aren’t fully human. Does anybody still follow the Dred Scott Supreme Court decision?”

After correcting Huckabee, Medved then asked the candidate if he would attempt to overturn the Supreme Court’s same-sex marriage ruling with a constitutional amendment.

“I don’t think that’s necessary,” Huckabee replied. “Because, in the case of this decision, it goes back to what Jefferson said that if a decision is rendered that is not borne out by the will of the people either through their elected people and gone through the process, if you just say it’s the law of the land because the court decided, then Jefferson said, ‘You now have surrendered to judicial tyranny.’”

http://www.buzzfeed.com/christophermassie/huckabee-dred-scott-decision-remains-to-this-day-the-law-of?utm_term=4ldqpia&bftw=pol#.ywM0y4Wzm

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Mike Huckabee Just Said The Dred Scott Decision 'Remains To This Day The Law Of The Land' (Original Post) Fearless Sep 2015 OP
Huckabee interprets the law the same way he does the bible - smorgasbord style liberal N proud Sep 2015 #1
IDK if he is truely that ignorant... HooptieWagon Sep 2015 #2
If Huckabee believes the SC can't make law, how can he believe the Dred Scott decision is ... Jim__ Sep 2015 #3
"A foolish consistency is the hobgoblin of small minds" is the actual quote... Human101948 Sep 2015 #4
Exactly my question. dixiegrrrrl Sep 2015 #5
SC interprets the compatability of law with constitutional principles,no? eom. Bad Thoughts Sep 2015 #6

liberal N proud

(60,334 posts)
1. Huckabee interprets the law the same way he does the bible - smorgasbord style
Thu Sep 10, 2015, 03:24 PM
Sep 2015

Pick and choose what you want to believe and follow.


 

HooptieWagon

(17,064 posts)
2. IDK if he is truely that ignorant...
Thu Sep 10, 2015, 03:25 PM
Sep 2015

...or if he believes the GOP voters are. Both arguments have merit.

Jim__

(14,075 posts)
3. If Huckabee believes the SC can't make law, how can he believe the Dred Scott decision is ...
Thu Sep 10, 2015, 03:58 PM
Sep 2015

... "still" the law?

I guess consistency is just the hobgoblin of small minds.

 

Human101948

(3,457 posts)
4. "A foolish consistency is the hobgoblin of small minds" is the actual quote...
Thu Sep 10, 2015, 04:06 PM
Sep 2015

"Self-Reliance" is an essay written by American transcendentalist philosopher and essayist Ralph Waldo Emerson. It contains the most thorough statement of one of Emerson's recurrent themes, the need for each individual to avoid conformity and false consistency, and follow his or her own instincts and ideas. It is the source of one of Emerson's most famous quotations: "A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines."[1] This essay is an analysis into the nature of the “aboriginal self on which a universal reliance may be grounded.”[2]

https://en.wikipedia.org/wiki/Self-Reliance

I would say that Huckabee is following his own ideas.

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