As I’ve been writing a lot about the Kim Davis situation I was very interested in how it would come up in the Presidential debate on Wednesday, however the subject didn’t so much point out the differences in the GOP position as it pointed out the seemingly contrary positions of both media and the selective enforcement of federal law and selective interpretation of the constitution depending on who it involves.
First lets look at the Kim Davis exchange:
Jake Tapper: I want to turn back to Governor Huckabee. Governor Huckabee, last week, you held a rally for a county clerk in Kentucky who was jailed for refusing to issue marriage licenses to same-sex couples, as I don’t need to tell you. You’ve called what happened to Kim Davis, that clerk, “an example of the criminalization of Christianity.” There are several people on the stage who disagree with you. Governor Bush, for example, says that that clerk is sworn to uphold the law. Is Governor Bush on the wrong side of the criminalization of Christianity?
Gov Mike Huckabee: No, I don’t think he’s on the wrong side of such an issue. Jeb is a friend. I’m not up here to fight with Jeb or to fight with anybody else. But I am here to fight for somebody who is a county clerk elected under the Kentucky constitution that 75 percent of the people of that state had voted for that said that marriage was between a man and a woman. The Supreme Court in a very, very divided decision decided out of thin air that they were just going to redefine marriage. It’s a decision that the other justices in dissent said they didn’t have and there wasn’t a constitutional shred of capacity for them to do it. I thought that everybody here passed ninth-grade civics. The courts cannot legislate. That’s what Roberts said. But heck, it’s what we learned in civics. The courts can’t make a law. They can interpret one. They can review one. They can’t implement it. They can’t force it. But here’s what happened: Because the courts just decided that something was going to be and people relinquished it and the other two branches of government sat by silently — I thought we had three branches of government, they were all equal to each other, we have separation of powers, and we have checks and balances. If the court can just make a decision and we just all surrender to it, we have what Jefferson said was judicial tyranny. The reason that this is a real issue that we need to think about…
Jake Tapper:Thank you, Governor.
Gov Mike Huckabee: No, no. Let me finish this one thought, Jake. I haven’t gotten that much time, so I’m going to take just what little I can here. We made accommodation to the Fort Hood shooter to let him grow a beard. We made accommodations to the detainees at Gitmo — I’ve been to Gitmo, and I’ve seen the accommodations that we made to the Muslim detainees who killed Americans. You’re telling me that you cannot make an accommodation for an elected Democrat county clerk from Rowan County, Kentucky? What else is it other than the criminalization of her faith and the exaltation of the faith of everyone else who might be a Fort Hood shooter or a detainee at Gitmo?
Jake Tapper: Well, I’m not telling you that, Governor. But Governor Bush is, because he — because he disagrees. He thinks that Kim Davis swore to uphold the law. You disagree? You’re not — you don’t…
Gov Jeb Bush: I don’t think — you’re not stating my views right.
Jake Tapper: OK. Please do.
Gov Jeb Bush: I think there needs to be accommodation for someone acting on faith. Religious conscience is — is — is a first freedom. It’s — it’s a powerful part of our — of our Bill of Rights. And, in a big, tolerant country, we should respect the rule of law, allow people in — in — in this country — I’m a — I was opposed to the decision, but we — you can’t just say, “well, they — gays can’t get married now.” But this woman, there should be some accommodation for her conscience, just as there should be for people that are florists that don’t want to participate in weddings, or bakers. A great country like us should find a way to have accommodations for people so that we can solve the problem in the right way. This should be solved at the local level…
Jake Tapper: You did…
Gov Jeb Bush: And so we do agree, Mike.
Gov Chris Christie: I was —
Jake Tapper: Governor, you said, quote, “she is sworn to uphold the law.”
Gov Chris Christie: She is, and so if she, based on conscience, can’t sign that — that marriage license, then there should be someone in her office to be able to do it, and if the law needs to be changed in the state of Kentucky, which is what she’s advocating, it should be changed.
Ok so we have a question of “she’s sworn to uphold the law” and “there needs to be an accommodation based on faith” presumably based on the 1st amendment but oddly enough when Mr. Tapper asked this question on federal drug laws
Jake Tapper: Senator Paul, Governor Christie recently said, quote, “if you’re getting high in Colorado today,” where marijuana has been legalized, “enjoy it until January 2017, because I will enforce the federal laws against marijuana.” Will you?
The arguments on enforcement suddenly changed. While Senator Paul invoked the 10th amendment suggesting the feds had crossed into a state issue. During his answer he mentioned a person on stage who used pot at one time. It turned out to be Jeb who had this to say. (all emphasis mine)
Gov Jeb Bush: So, 40 years ago, I smoked marijuana, and I admit it. I’m sure that other people might have done it and may not want to say it in front of 25 million people. My mom’s not happy that I just did. That’s true. And here’s the deal. Here’s the deal. We have — we have a serious epidemic of drugs that goes way beyond marijuana. What goes on in Colorado, as far as I’m concerned, that should be a state decision. But if you look at the problem of drugs in this — in this society today, it’s a serious problem. Rand, you know this because you’re campaigning in New Hampshire like all of us, and you see the epidemic of heroin, the overdoses of heroin that’s taking place. People’s families are — are being torn apart. It is appropriate for the government to play a consistent role to be able to provide more treatment, more prevention — we’re the state that has the most drug courts across every circuit in — in — in Florida, there are drug courts to give people a second chance. That’s the best way to do this.
Hold on a second. The laws concerning drugs are Federal laws, laws actually passed by the congress and signed by the president as opposed to the reinterpretation of a constitutional amendment. How is it that Kim Davis a county clerk is “sworn to uphold the law” but public servants in the state of Colorado who are not claiming this has anything to do with religion, are not?
As the exchange continued. It got worse, after Jeb bush was pressed by Sen Paul on medical marijuana: again emphasis mine
Sen Rand Paul: Well, you vote — you oppose medical marijuana…
Gov Jeb Bush: Here’s the deal. No, I did not oppose when the legislature passed the bill to deal with that very issue. That’s the way to solve this problem. Medical marijuana on the ballot was opened up, there was a huge loophole, it was the first step to getting to a (inaudible) place. And as a citizen of Florida, I voted no.
So Jeb Bush believes Kim Davis “Is sworn to uphold the law” but didn’t oppose the state legislature in Florida passing a bill directly contradicting established federal law and apparently he’s not alone here. (again emphasis mine)
Gov Chris Christie: And Senator Paul knows that that’s simply not the truth. In New Jersey, we have medical marijuana laws, which I supported and implemented. This is not medical marijuana. There’s goes as much — a further step beyond. This is recreational use of marijuana. This is much different. And so, while he would like to use a sympathetic story to back up his point, it doesn’t work. I’m not against medical marijuana. We do it in New Jersey. But I’m against the recreational use against marijuana. If he wants to change the federal law, get Congress to pass the law to change it, and get a president to sign it.
So Christie, like Bush is willing to support and implement laws that contradict existing federal law, laws that he is sworn to uphold, and is willing to do this without claiming a religious or constitutional reason. It sounds to me like “being sworn to uphold the law” apparently doesn’t apply if the law is supported by yuppies on the left or the MSM who are both widely in favor of legalizing medical marijuana.
Now let’s take a look at another subject. The Question of the 14th amendment and birthright citizenship came up, Mr. Trump (backed up by Senator Rand Paul) said scholars said no but when asked by Jake Tapper, Carly Fiorina (after making a great point concerning the Democrat’ desire to have this as an issue & not solve the problem said this: again emphasis mine
Carly Fiorina: …the truth is, you can’t just wave your hands and say “the 14th Amendment is gonna go away.” It will take an extremely arduous vote in Congress, followed by two-thirds of the states, and if that doesn’t work to amend the constitution, then it is a long, arduous process in court. And meanwhile, what will continue to go on is what has gone on for 25 years. With all due respect, Mr. Trump, we’ve been talking about illegal immigration for 25 years. San Francisco has been a sanctuary city since 1989. There are 300 of them. And meanwhile, what has happened? Nothing. The border remains insecure. The legal immigration system remains broken. Look, we know what it takes to secure a border. We’ve heard a lot of great ideas here. Money, manpower, technology…
So Mrs. Fiorina says that “you can’t just wave your hands and say “the 14th Amendment is going to go away, and an awful lot of media pundits and people like Jeb Bush are with her on this. But lets take a look at the text of it The 14th Amendment specifically section 1 which states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Nowhere in that entire section do you see the words “Gay Marriage” ( in fact you will not find the words “marriage” anywhere in the US Constitution)
Yet five members of the Supreme Court found a right to gay marriage that every other justice who ever served on the Supreme Court did not, one that overrode every single state constitution that said otherwise.
So my question is this? If justices can magically reinterpret the 14th Amendment to find a right to Gay Marriage in a document that doesn’t mention marriage, and the media claims it is legit how is it that one can’t interpret that same 14th amendment to say it doesn’t grant citizenship to people born here if their parents came illegally not “subject to the jurisdiction thereof”.
Bottom line, apparently some in the GOP believe, with the media that when it comes to Kim Davis, the 14th Amendment is flexible and the enforcement of federal law is not, but some of those same people believe with the media, that when it comes to birthright citizenship and federal drug laws. The 14th Amendment is rigid and the enforcement of federal law is flexible.
Funny isn’t it?
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