Interview with Dr. Kevin Gutzman – Judiciary System
Mandeville, LA – Exclusive Transcript – “This idea that lower-level federal court judges have no duty other than to enforce whatever the Supreme Court says, of course, reflects a long-standing argument among judges in the United States about what the relationship of other judges to the Supreme Court justices is. The most famous case involving this question is the 1816 case of Martin v. Hunter’s Lessee.” Check out today’s transcript for the rest….
Begin Mike Church Show Transcript
Mike: Did you get a chance to read Justice Grenade’s preposterous ruling, which I deemed as she didn’t even bother to do her homework? She just cut and pasted from prior rulings and then cobbled it together. What did you think of it?
Kevin Gutzman: Well, I think she’s a very interesting person, first of all. She is a graduate of my law school. She was nominated to her current position by the two Republican senators from Alabama. Her father was a circuit court judge in the Fifth Circuit back in the ‘50s and ‘60s who was involved in forcing the Warren Court’s rulings about race in the South. Generally in those days what happened was there was a big divide in the South over, of course, segregation. There was also argument in the country about the rulings that were being handed down by the Warren Court. Conservatives were saying: Yes, segregation is unconstitutional, but the Warren Court’s behavior is also unconstitutional. Judge Grenade’s father was one of four permanent judges on the Fifth Circuit Court of Appeals who went ahead and enforced all of them anyway.
One interesting thing you can find online is a picture of Judge Grenade when she was being sworn in. She was sworn in as a judge in the southern district of Alabama by Judge Brevard Hand. Hand is famous for having, in the case of Wallace v. Jaffree in 1985, stood up for the Constitution despite the previous rulings of the U.S. Supreme Court in the area of separation of church and state. He wrote a long opinion in the case of Wallace v. Jaffree saying the Supreme Court had been wrong in its cases saying that school prayer was unconstitutional, that Justice Black’s reliance on Thomas Jefferson’s private musings about separation of church and state was mistaken because Jefferson had essentially nothing to do with framing the First Amendment, nothing to do with establishing the federal constitution’s position on the relationship between church and state and so on.
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Yesterday, actually, I saw an editorial by the Chicago newspaper columnist Steve Chapman. He was saying: Well, look, Moore, your argument that Article I, Section 8 doesn’t give control over marriage to Congress or the federal government, that argument is long since out of the barn. The idea that those are the only powers of the federal government, that ship sailed a long time ago. It’s a whole armada now. It’s a whole fleet. The funny thing about that is, of course, that Chapman is a Libertarian. He’s taking this position because he favors gay marriage. Okay, dude, but when you make the argument that way, what you’re saying is you agree that everything the federal government does is constitutional. If you’re going to base your claim that Moore is mistaken on the idea that there’s a lot of precedent for the federal government acting this way, I could say the same thing for ethanol subsidies in the Export-Import Bank and a space bus and No Child Left Behind —
Mike: Tummy tucks.
Gutzman: Right, everything that goes on. Obamacare, right? You’ve just given the left wing all they need. Well, there’s a precedent for it. Sure, it goes back to Wickard v. Filburn. So here we are, dude. You have unlimited government. Congratulations. You have gay marriage along with $4 trillion a year in federal spending.
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Mike: Professor Kevin Gutzman is on the Dude Maker Hotline with us. I have three points. Number one, in the opening scene of my movie, which you were a great part of, Spirit of ’76, there’s a conversation going on between four gentlemen, the Richmond Junto. It’s Thomas Ritchie, John Taylor of Caroline County, William Brockenbrough, another jurist, and Spencer Roane. I took the text of what they are saying in that scene there — of course, I had to fictionalize or make it conversational. I took that text from Taylor’s writing on the subject and directly from the Algernon Sidney columns. If you want to see this dramatized out, what Kevin’s talking about, it’s in the opening scene. If you have a copy of Spirit of ’76, pop it in the DVD player and watch that opening scene. That is Spencer Roane’s argument about what Justice Marshall had just done in McCulloch v. Maryland.
Number two, the State of Alabama — we looked this up this morning — has 4.8 million citizens. Every time they have had this question before them since 2003, they have voted in super majorities — whether at a ballot box or in their legislature — meaning two-thirds plus, that they do not want homosexuals marrying in their state and they’re not going to grant licenses or approve of it. So 4.8 million people, again, undone by one federal jurist.
End Mike Church Show Transcript