If Mike Huckabee really wants to be president, he needs to learn the basics of how our government works.
“If the courts make a decision, I hear governors and even some aspirants to the presidency say well, that’s settled, and it’s the law of the land,” he said. “No, it isn’t the law of the land. Constitutionally, the courts cannot make a law. They can interpret one. And then the legislature has to create enabling legislation, and the executive has to sign it, and has to enforce it.”
According to Huckabee, the legislative branch would need to draw up legislation to legalize same sex marriage.
“This idea that a judge makes a ruling on Friday afternoon, and Saturday morning same sex marriage licenses are being given out, that’s utter nonsense, because there’s not been any agreement with the other two branches of government,” he said.
He’s right in that the courts cannot make a law. They can, however, rule on whether or not a law is constitutional, and if it is not, they can invalidate it. The law may still be on the books — I am pretty sure that there are states in the South that still have Jim Crow laws enshrined — but the court ruling makes them null and void. That’s why we have courts like the Supreme Court, whose main job is to interpret the Constitution.
If the Supreme Court rules that various state laws and constitutional amendments that ban same-sex marriage violate the United States Constitution, the laws become unenforceable. The states do not have to repeal them, but the folks who issue marriage licenses don’t have to obey it.
Funny, I didn’t hear Mr. Huckabee complaining about “judicial supremacy” when the Hobby Lobby or Citizens United ruling came down.