Huckabee Believes Dred Scott Still ‘Law of the Land’

“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”, Huckabee said. “I’ve been just drilled by TV hosts over the past week, “How dare you say that it’s not the law of the land?'” Huckabee said during a recent interview with radio host Michael Medved“.

It followed his appearance alongside Davis when she was released from jail on Tuesday after being found in contempt of court for refusing to issue marriage licenses to same-sex couples.

Medved corrected the former Arkansas governor, explaining that the Dred Scott ruling was later overturned by a constitutional amendment. And as BuzzFeed’s Christopher Massie noted, the 14th Amendment overturned the Dred Scott decision by establishing birthright citizenship.

“And it’s why the haste to rush into implementing same-sex marriage is so ridiculous and, frankly, Tony, it’s why it’s so illegal is because this has left the whole country in a state of ambiguity and confusion”.

“I will not acquiesce to an imperial court any more than our founders acquiesced to an imperial British monarch”, said Huckabee. Should it have been the law of the land because Dred Scott said so?

In New Hampshire, Bush said there “ought to be big enough space for (Davis) to act on her conscience and for, now that the law is the law of the land, for a gay couple to be married in whatever jurisdiction that is”, according to NBC News. “Presidents have understood that the Supreme Court can not make a law”.

In other words, a major-party presidential candidate is under the belief that black people are not technically eligible for US citizenship and that slavery is, formally speaking, still legal.

Tell us more about that, Huckabee.

Huckabee then argued that the ruling on same-sex marriage isn’t actually the law of the land. “Because he ignored it. That’s the fundamental question”.

“Which law does she follow? That’s all I’m saying”, Huckabee added.

John Marshall, the fourth Supreme Court chief justice, who was in office from 1801 to 1835, established the court’s right to judicial review.

The topic of judicial review and its proper application by the courts, will unlikely fade away as the debate continues about the Obergefell decision, and the role of the Supreme Court as a 2016 presidential campaign topic.