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Republican presidential candidate and tea party favorite Ben Carson said in an interview with Newsmax that the President of the United States doesn't have to follow the Supreme Court if the high court were to rule in favor of same-sex marriage.
"First of all, we have to understand how the Constitution works. The president is required to carry out the laws of the land, the laws of the land come from the legislative branch," Carsonsaid on Tuesday. "So if the legislative branch creates a law or changes a law, the executive branch has a responsibly to carry it out. It doesn’t say they have the responsibility to carry out a judicial law. And that's something we need to talk about."
Carson's comments follow the Supreme Court in April beginning to hear arguments inObergefell v. Hodges, which concerns bans on same-sex marriage in Kentucky, Ohio, Michigan, and Tennessee. The nine justices seemed to split along party lines in the early arguments. If the high court were to rule with the plaintiffs, gay marriage bans across the country could be wiped out in one single wave.
Carson, as Right Wing Watch which flagged the Newsmax interview noted, has signaled support for impeaching judges who favor same-sex marriage.
While some Republicans have grumbled about the possibility of the Supreme Court ruling in favor of gay marriage others, including Ohio Gov. John Kasich (R), have said that high court decision would have to be followed.
Carson seems a tad confused about how the Constitution actually works. He apparently thinks Brown v. Board of Educationand Roe v. Wade were just non-binding judicial decrees that had no legal standing. In his mind, the Supreme Court is only empowered to offer the power of suggestion, but the president doesn’t have to abide by Supreme Court rulings if he doesn’t want to.
Article III of the U.S. Constitution essentially grants the Supreme Court authority to be the final appellate court for determining the constitutionality of existing law. If the court deems an existing law unconstitutional, it becomes, by definition, unconstitutional. As a result, the court’s interpretation of the law is meant to govern the conduct of the American people, and the president, like every other American, is obliged to abide by the court’s ruling.
"First of all, we have to understand how the Constitution works. The president is required to carry out the laws of the land, the laws of the land come from the legislative branch," Carsonsaid on Tuesday. "So if the legislative branch creates a law or changes a law, the executive branch has a responsibly to carry it out. It doesn’t say they have the responsibility to carry out a judicial law. And that's something we need to talk about."
Carson's comments follow the Supreme Court in April beginning to hear arguments inObergefell v. Hodges, which concerns bans on same-sex marriage in Kentucky, Ohio, Michigan, and Tennessee. The nine justices seemed to split along party lines in the early arguments. If the high court were to rule with the plaintiffs, gay marriage bans across the country could be wiped out in one single wave.
Carson, as Right Wing Watch which flagged the Newsmax interview noted, has signaled support for impeaching judges who favor same-sex marriage.
While some Republicans have grumbled about the possibility of the Supreme Court ruling in favor of gay marriage others, including Ohio Gov. John Kasich (R), have said that high court decision would have to be followed.
Carson seems a tad confused about how the Constitution actually works. He apparently thinks Brown v. Board of Educationand Roe v. Wade were just non-binding judicial decrees that had no legal standing. In his mind, the Supreme Court is only empowered to offer the power of suggestion, but the president doesn’t have to abide by Supreme Court rulings if he doesn’t want to.
Article III of the U.S. Constitution essentially grants the Supreme Court authority to be the final appellate court for determining the constitutionality of existing law. If the court deems an existing law unconstitutional, it becomes, by definition, unconstitutional. As a result, the court’s interpretation of the law is meant to govern the conduct of the American people, and the president, like every other American, is obliged to abide by the court’s ruling.