Mandeville, LA – Exclusive Transcript – Under the original ratified in 1788 Constitution, all municipal and police or common law problems and powers were left in the hands of the states. It wasn’t until madmen decided: We can make these things federal cases. If we don’t get our way in the state, we can get the Feds to bail us out. Of course, there was never any constitutional authority for this. Check out today’s transcript for the rest…
Begin Mike Church Show Transcript
Mike: We have an attempted email smackdown here.
Mike, I was listening to your show this morning and wanted to let you know that you made a fairly major misstatement about the implications of the recent SCOTUS DNA opinion on federalism. The SCOTUS only interprets the U.S. Constitution. It does not have the authority to interpret state constitutions.
Mike: Oh, really? They don’t weigh the supremacy clause over the state constitutions on a regular basis, sir? Really, seriously? Want to put some money on that? Would you like to discuss some case law? Would you like to wager on that? That’s exactly what they did. Maryland actually asked them to do it. The Maryland statute in the Maryland Declaration of Rights clearly says that the perp who has his DNA collected, because it wasn’t collected as the result of a warrant pursuant to that crime, the state was in violation, and that’s what the lower court in Maryland said. You live near there. You ought to know that. So what did Maryland do? We’ll take it to the SCOTUS. What the hell does the SCOTUS have to do with a DNA case and a crime perpetrated in the State of Maryland? Absolutely nothing! Read the damn Constitution, Matthew. Tell me I misinterpreted something. You misinterpreted the entire direction and intent of the discussion…
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