Well, folks, if you want to know what sort of president
Chris Christie would make and how far he'd go to defend the Constitution...
here's your answer:
"Same-sex weddings have begun in New Jersey, which has
become the 14th state to recognize nuptials between gay partners. Weddings were
held in several cities and towns across the state in the first minutes of
Monday morning, as soon as a court order requiring the state to recognize gay
marriage went into effect."
"Later in the morning, Gov. Chris Christie New Jersey Gov.
ordered his administration to withdraw an appeal of a state Supreme Court
ruling allowing gay marriages."
But why would Gov. Christie withdraw his appeal?
Should he have withdrawn his appeal?
I ask these questions in the context of asking why did
Christie appeal in the first place...???
"Although the Governor strongly disagrees with the
Court substituting its judgment for the constitutional process of the elected
branches or a vote of the people, the Court has now spoken clearly as to their
view of the New Jersey Constitution and, therefore, same-sex marriage is the
law," the Christie administration said in a statement.
"The Governor will do his constitutional duty and
ensure his Administration enforces the law as dictated by the New Jersey
Supreme Court."
But... but... but... I'm totally lost.
So... Christie says he believes that the Court is
substituting its judgment for the constitutional process of the elected
branches or a vote of the people. Right...???
Clearly the inference is that Christie believes they have
no right to do so... or else why this talk of substituting... why any critique
at all? Are you following my line of questioning here, folks?
Also... there is a bit of a fly in the ointment of
Christie's new-found support of a Court that substitutes its judgment for the
constitutional process... namely:
"Same-sex marriages were scheduled to begin Monday at
12:01 a.m. The New Jersey Supreme Court last week refused to delay a lower
court order for the state to start recognizing marriages. The case, however, [was]
still on appeal."
Folks... the NJ Supreme Court has not yet ruled on the
gay marriage issue! Thus... Christie's appeal! It was a lower Court which substituted
its judgment for the constitutional process of the elected branches or a vote
of the people. This is why Christie could - and did - appeal!
Yes... the NJ Supreme Court did last week refuse to delay
a lower court order... and yes, with that action they strongly suggested that
should they be forced to rule they too would - like the lower Court - in Christie-speak
"substitute their judgment for the constitutional process of the elected
branches or a vote of the people," but so what? If Christie actually believed
his own statement... if his own statement of self-described beliefs was
sincere... why would he withdraw the appeal rather than let the legal battle
play out to its conclusion where maybe.. just maybe... the NJ Supreme Court
would have surprised everyone by not substituting its judgment for the
constitutional process of the elected branches or a vote of the people?
Forget gay marriage. Forget this specific case.
Concentrate on the concept here... Christie concept (and mine) that the Court -
like a governor... like a legislature... has limited powers. Either Christie
believes this or he doesn't! His appeal says "he does." His
withdrawal of said appeal says "he doesn't... at least not any longer...
and perhaps deed down not even from the first."
I'm guessing Gov. Christie has sworn an oath to uphold...
protect... preserve... his state's constitution. I'm fairly certain NJ's
constitution doesn't anoint a lone Superior Court judge (nor even the full NY
Supreme Court) with dictatorial powers to simply substitute their judgment for
the constitutional process of the elected branches or a vote of the people.
Yes... I realize I'm harping on Christie's words... on
Christie's supposed beliefs...
The reason I'm doing so is because the man seems to be
contradicting himself... talking out of both sides of his mouth...
Does Christie feel he's defending the constitution of New
Jersey by... er... surrendering this appeal and thus refusing to defend the
constitution of New Jersey?
Seriously, folks... he can't have it both ways. Frankly,
I have no idea what Chris Christie actually believes at this point. But I do
have a fear. I fear that Chris Christie believes in Chris Christie... in future
"President" Chris Christie. And if he has to surrender his
constitutional principles in order to see this future come to pass... so be it.
Again, folks, to me this isn't about gay marriage. For
what it's worth, my position is that gay marriage should be decided at the
state level by either legislative action or voter referendum. (In other words,
as far as constitutional law is concerned, I'm with the "old" Chris
Christie, the one who fought for the constitutional rule of law in New Jersey.)
Funny thing is, it's Christie who is anti-gay marriage.
It's Christie who as governor vetoed a gay marriage bill. As Politico put it in
their coverage today of Gov. Christie latest political maneuvering, "Chris
Christie doesn’t support gay marriage. ... He has repeatedly made clear where
he stands."
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