Washington Post (Right Turn)
By Jennifer Rubin
May 25, 2015
Former
Arkansas governor Mike Huckabee complains that trust in government is
at an all-time low. Perhaps he is a cause not a solution. Consider this
exchange with Chris
Wallace on Fox News Sunday:
WALLACE:
Governor, I want to keep moving along, because as I say, there are a
lot of things you said in your announcement. You also seemed to indicate
that as president,
you wouldn’t necessarily obey court rulings, even the Supreme Court. . .
. But, Governor, we have operated under the principle of judicial
review since the Marbury versus Madison case in 1803.
HUCKABEE:
Judicial review is actually what we’ve operated under. We have not
operated under judicial supremacy. Presidents Lincoln, Jefferson,
Jackson, presidents have
understood that the Supreme Court cannot make a law. They cannot make
it. The legislature has to make it, the executive branch has to sign it
and enforce it.
And
the notion that the Supreme Court comes up with the ruling and that
automatically subjects the two other branches to following it defies
everything there is about
the three equal branches of government. Chris, the Supreme Court is not
the supreme branch. And for God’s sake, it isn’t the Supreme Being. It
is the Supreme Court.
WALLACE:
But, sir, George Will, the conservative columnist, has pointed out that
back in 1957, another governor of Arkansas, Orval Faubus, decided to
disregard and refuse
to obey the ruling to desegregate schools. President Eisenhower had to
call in the 101st Airborne.
Are
you saying President Huckabee might decide he wasn’t going to obey the
ruling on desegregation, or like President Nixon to turn over the tapes?
You know, it’s up in
the air as to whether you’re going to obey the Supreme Court?
HUCKABEE:
Well, Chris, as you know, George Will is no fan of mine. He’s not very
fond of me. He recently called me appalling. So, I’m not surprised he
would make such
a false comparison.
But
the point is, in that case, the Supreme Court had ruled the legislature
and the executive branch had agreed with the Supreme Court, and
precisely what happened is
what should happen. The president ordered the airborne to come in and
enforce the law, the law that did exist.
WALLACE: But —
HUCKABEE:
It wasn’t that the president defied the law. The president was carrying
out the law and using all the forces at his resource to do it.
WALLACE:
But, OK, let’s say the president decided, “I don’t like the Supreme
Court’s ruling on that,” let’s say Nixon had said, for instance, in
Watergate, “I don’t want
to turn over the tapes and the court can’t make me”?
HUCKABEE:
Well, the president has to follow whatever the law is. Does Congress
have a law that tells him what he is going to do? In that case, the
Congress was ready to
impeach Nixon and he ultimately resigned.
So
“the president has to follow whatever the law is,” except if he’s Mike
Huckabee railing against gay marriage? Huckabee’s notion is incoherent
and in any event a recipe
for chaos and lawlessness. The right wing can’t demand the president
abide by existing immigration law and any rulings on his executive order
while at the same time preaching lawlessness on gay marriage. Huckabee
is either deeply cynical or deeply ignorant,
but in either case he offers a mirage for the unsophisticated. In doing
so he, in essence, says that elected leaders are lying or misleading
the public when they say they must obey the court’s ruling. In short,
Huckabee is spreading cynicism and a sense of
betrayal.
He
does not stop there. He and politicians like senators Ted Cruz (R-Tex.)
and Rand Paul (R-Ky.) prey on voters’ fears that their phone calls are
being listened to and
their e-mails read. As Wallace reminded Huckabee, “Section 215 of the
Patriot Act, which is the section that is going to expire on June 1st,
has nothing to do with listening in on phone calls. It’s just recording
the fact that my phone number called your phone
number. So, aren’t you, one, wrong there when you talk about listening
in?” But facts don’t get in the way of the fear-mongers. Again the
result is to spread suspicion and cynicism.
There
is plenty to be upset about in Washington. Seven years into the Obama
administration there is no entitlement or tax reform, for example.
Immigration reform is going
nowhere (in part, because there are those to tell the public that
immigrants will steal our jobs and lower wages). The international scene
is frightful. But while presidential candidates should highlight
legitimate failures, they should not heighten the anti-government
and conspiratorial fever that already exists. The GOP voters can do
their part as well — by rejecting the cranks and fear-mongers. They
could start by sending Huckabee packing.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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