Mike Huckabee Thinks Dred Scott ‘Is Still the Law of the Land’ Despite 14th Amendment
Republican presidential candidate Mike Huckabee showed that a Constitutional scholar he isn’t – claiming that Dred Scott was still “the law of the land” despite the 14th Amendment, which overturned the ill-fate Supreme Court decision.
Speaking with radio host Michael Medved, the former Arkansas governor claimed that the Supreme Court decision that effective legalized same-sex marriage was not “the law of the land” until lawmakers pass a law that says as much.
“Because that’s their phrase, ‘it’s the law of the land,’” Huckabee said. “Michael, the Dred Scott decision of 1857 still remains to this day the law of the land which says that black people aren’t fully human. Does anybody still follow the Dred Scott Supreme Court decision?”
Actually, the 14th Amendment overruled the Supreme Court just years later but Huckabee wasn’t interested.
“I don’t think [a Constitutional Amendment] is necessary,” Huckabee said. “Because, in the case of this decision, it goes back to what Jefferson said that if a decision is rendered that is not borne out by the will of the people either through their elected people and gone through the process, if you just say, it’s the law of the land because the court decided, then Jefferson said, ‘You now have surrendered to judicial tyranny.”
“The Supreme Court in the same-sex marriage decision made a law and they made it up out of thin air,” Huckabee said. “Therefore, until Congress decides to codify that and give it a statute it’s really not an operative law and that’s why what Kim Davis did was operate under not only the Kentucky Constitution which was the law under which she was elected but she’s operating under the fact that there’s no statute in her state nor at the federal level that authorizes her.”