Tuesday, June 24, 2003

Dick Gephardt's folly. Commenting on the pending decision with regard to racial preferences in Michigan, Dick Gephardt made the following statement: "When I'm president, we'll do executive orders to overcome any wrong thing the Supreme Court does tomorrow or any other day."

  • CNN

  • Am I missing something? Is there some super secret part of Article II (delegating powers to the Executive branch) or Article III (defining the powers of the court) that I am not aware of that states that the Judicial branch will be the final arbiter of disputes over the Constitution except when overturned by Executive Order? NO! It frightens me that a candidate for the Presidency of the United States believes that he can take actions contrary to Supreme Court determinations. I certainly hope that Mr. Gephardt knows that Executive Orders are also subject to Court review and no amount of desire or contempt for a Court decision will allow him to make independent Constitutional determinations or amend the Constitution by Executive Order.