Tuesday, July 07, 2015

Cruz Quotes The Necessary Reservation re: Obergefell

While Scott Walker, Marco Rubio, and a host of others simply gave up following Obergefell, Ted Cruz points to Abraham Lincoln.

From his First Inaugural:  "...At the same time the candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal."  --quoted at PowerLine

That was about Dred Scott.  Commentary follows from Hayward:

...in his decision to reverse the executive branch decisions supposedly based on Dred Scott in circumstances that were not parallel—both were free blacks in free states, with no one asserting ownership claims to them—Lincoln was asserting that the executive branch was not obligated to extend the principle of the Dred Scott case more broadly. The Constitution belongs to all three branches of government, each of which may assert its constitutional prerogatives in its own sphere—pending a legal challenge in the courts that concludes otherwise....

Hayward is very careful not to bring up the 10th Amendment, by the way, nor Jackson's "...let THEM enforce it!" language, both of which would be appropriate when SCOTUS approves a crime against nature, which is the case in Dred Scott, Roe and Obergefell.

It will take someone with far more courage to do that, and that person is not a current (R) candidate for the Presidency, with the possible exception of Cruz.

And no, we won't hear that from the USCC, either.

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