OK Republicans

Living in NC, I like to give the idiocy of our GOP state legislators some attention.  Thanks to FB, I’ve learned that (not surprisingly) they’ve got good company in Oklahoma.  Apparently, one of them has never heard of the Supremacy Clause of the US Constitution:

A bill introduced Monday in the Oklahoma state Senate would forbid the United States Supreme Court from reviewing Oklahoma laws.

State Sen. Ralph Shortey (R-Oklahoma City) introduced Senate Joint Resolution 84, which would amend Oklahoma’s constitution to remove the U.S. Supreme Court’s ability to review the constitutionality of Oklahoma laws.

If Democrats introduce laws this dumb (I admit, it is possible), I certainly don’t hear about it.

 

About Steve Greene
Professor of Political Science at NC State http://faculty.chass.ncsu.edu/shgreene

2 Responses to OK Republicans

  1. jonmotivates says:

    You might want to take another look at the Constitution from a logical standpoint, not from the standpoint that has been misrepresented and taught in colleges around the country. Bear with me as I explain it so that any readers of this reply would understand.

    The federal government is made up of the Executive, Legislative and Judicial branches. This means that that the US Supreme Court is part of the federal government. Now, Article 1 Section 8 outlines 100% of the powers of the federal government. All other powers are to the state or the people.

    Now, we have the Supremacy Clause that basically states that the Supreme Court is higher than state courts. Many have claimed that this means that they are the highest law in the land. To claim that the US Supreme Court determines what authority it has (which what considering them the highest law in the land would mean), is absurd and makes all things in our country possible to be ran by the US Supreme Court.

    In reality the Constitution is the highest law of the land and it has already defined all powers of the federal government. The Supreme Court does not have powers beyond what the Constitution prescribed to the federal government.

    In addition all powers of the federal government were granted to it by the states. This means that the states determine what authority the federal government has.

    The US Supreme Court is granted supremacy by the Supremacy Clause in all issues regarding the powers of the federal government, and was granted the power of arbitrator in conflicts between states.

    To have the US Supreme Court presiding over issues between the federal government and a state is like having a judge preside over his own divorce. It is absurd.

    So, in summary, all powers of the federal government were granted by the states and limited by the states in the Constitution. Any powers that the US Supreme Court currently has beyond those in the Constitution have been unconstitutionally taken and are not powers at all.

    All of that to say, Oklahoma is not only within their rights to do this, but they are the first state to act as they should…to protect their state from what Thomas Jefferson referred to as the evil encroachment of power by the federal government.

  2. Steve Greene says:

    Actually, the powers of the federal government exist by consent not only of the states, but by consent of the governed, i.e., the people of the United States of America.

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