The Nazi-baiting doctor currently on leave from Fox News, Ben Carson, who thinks that ObamaCare is “the worst thing since slavery,” has stepped in another pile of bull manure on his way to the Republican primary for president of the United States.
Carson was interviewed by wingnut schlock-jock Steve Deace this week and was asked about his position on the recent court rulings overturning bans on same-sex marriage. His answer demonstrated a pitifully weak grasp of the Constitution and marks him as just another ignorant Teabagger spewing falsehoods and animosity toward those with whom he disagrees.
The issue that got Carson riled up was the spate of court rulings, many by Republican-appointed judges, affirming the right to marry without regard to sexual orientation. He began by praising the state referendums that explicitly imposed legal barriers to marriage for those of the same sex. According to Carson, such referendums should take precedence over liberties guaranteed by the Constitution. Presumably that would apply to states banning marriage between people of different races. But then he goes even further, advocating federal tyranny over the independent judiciary:
“Thirty-two states have indicated that marriage is between a man and a woman, and a few judges have come and overturned that. That, as far as I’m concerned, is unconstitutional, and Congress actually has oversight of all what they call the inferior courts, everything below the Supreme Court, and that’s where those overturns have come. And when judges do not carry out their duties in an appropriate way, our Congress actually has the right to reprimand or remove them.”
First of all, Carson’s assertion that it is unconstitutional for judges to overturn laws that they conclude violate the Constitution is pitifully stupid. Validating the constitutionality of legislation is a core function of the judiciary. This guy may have scored high marks in medical school, but he clearly knows nothing about law.
Secondly, Carson’s eagerness to appoint the Congress as overseers of the judiciary is both wrong and dangerous. This country was established with three separate branches of government and the Founders never intended for Congress to be able to “reprimand or remove” judges for anything less than a serious breach of ethics. Congress has no authority to impeach a judge because they don’t agree with his opinions.
To date, twenty-five states have had same-sex marriage bans overturned in the courts. That suggests a fairly mainstream school of legal opinion on the subject. Consequently, it would impossible to argue that all of those judges were guilty of some sort of ethical breach in arriving at their decisions. The Supreme Court just agreed to hear a case on the matter later this year.
The risk in Carson’s position is that it would would put every judge in legal jeopardy every time they issued a ruling that was adverse to some politician’s bigotry. On a policy level it is an unconstitutional intrusion on the independence of the judiciary. But on a personal level it reveals Carson’s ugly prejudices and a desire to oppress people who don’t adhere to his religious doctrine. And the Tea Party fruitcakes think this guy would make a good president?
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