Bobby Jindal either has not read or is lying about the Constitution

[Panich52]

DailyKos
by Laura Clawson

Gov. Bobby Jindal might want to brush up on his understanding of the Constitution before he thinks more seriously about running for president in 2016. The Louisiana Republican has some interesting ideas about blocking marriage equality:

“We’re a nation of laws, that’s why I said I want the Supreme Court not to overturn our laws,” he said on CNN’s “New Day” on Tuesday.

“If the Supreme Court were to do this, I think the remedy would be a constitutional amendment in the Congress to tell the courts you can't overturn what the states have decided. “

Hoo boy. First, Bobby, the Supreme Court gets to decide if a law is constitutional. That's its job. We're a nation of laws, and the Supreme Court has a role in determining those laws, which is something you might want to look into before spouting off.

Second, "a constitutional amendment in the Congress" is not a remedy to anything except specific members of Congress being able to brag to their constituents about having voted for a thing. That's because Congress does not pass constitutional amendments on its own. You have to get 38 states to ratify what two-thirds of each house of Congress has first passed. That's not going to happen, and Jindal's preferred remedy of Congress passing an amendment doesn't change the Constitution in any way.

Of course, Jindal is probably posturing here, trying to wrap himself in the Constitution to appeal to the tea party types who carry copies of the Constitution everywhere they go but don't understand what it says, projecting their own views onto it rather than seeking to understand. As anti-equality bluster goes, it's probably more palatable to the masses than shouting about "Adam and Steve," but that's what it is at base, with a layer of ignorance about the Constitution added on top.

http://www.dailykos.com/story/2015/02/10/1363548/-Bobby-Jindal-either-has-not-read-or-is-lying-about-the-Constitution?detail=email

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[BlueStater]

1. I'm astonished this bozo actually thinks he has a prayer in hell of becoming president.

He's completely ruined his state and his 33% approval rating reflects that. His political career is thankfully over after his miserable tenure as governor ends.

[Enrique]

2. everything he says can safely be dismissed as the same thing

an attempted distraction from his disastrous record on his state's budget.

And what better distraction than gay marriage and activist judges?

[CanonRay]

3. I'll take lying for $1000 Alex

[Spider Jerusalem]

4. Federal supremacy and the equal protection clause?

The Constitution is the supreme law of the land for a reason. If the Supreme Court finds that a particular state law contravenes the Constitution, then the state law is null and void.

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

US Constitution, Art. VI, Clause 2.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

US Constitution, Amendment XIV.

Also the full faith and credit clause:

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

US Constitution, Art. IV, section 1.

Although NB that the still-in-force Section 2 of the Defense of Marriage Act gives the states an explicit out on the full faith and credit clause by stating no state need recognise the legal validity of a same sex marriage performed in another state. This will ultimately be effectively repealed by the recognition of the right of same-sex couples to marry in every state, which is inevitable at this point, such marriages now being recognised in 37 states (and the Supreme Court being likely to decide on the issue within months, all indications being that the rest of DOMA will be struck down).