Immediately following the so-called "JV debate," second-tier Republican presidential candidate Rick Santorum sat down with MSNBC's Chris Matthews for a lively session of "Hardball" over Santorum's extreme position on same-sex marriage and more illuminatingly, his absurd stance on judicial review.
After airing a clip of Santorum arguing on CNN's debate stage that the Supreme Court decision overturning state bans on same-sex marriage is invalid because "judicial supremacy is not in the Constitution," Matthews reminded the former Pennsylvania senator that they had both lived their lives with "landmark decision from the Supreme Court ... many of them with a 5-4 decision" before and the sky hadn't fallen.
Roe v. Wade, Brown v. Board of Education and a decision on prayers in public schools, Matthews offered, were all examples of closely decided cases that were controversial at the time but that now remain rule of law.
Plessy v. Ferguson and Dred Scott, Santorum cited in retort, arguing that that president of the United States has a duty to stand up to the Supreme Court when he disagrees with the constitutionality of their rulings.
"The point is courts get it wrong sometime," Santorum explained. The court is but one of three co-equal branches of government not "the superior branch of government," Santorum argued, rejecting the power of judicial review established by the historic Marbury v. Madison decision.
"The Supreme Court says we get the final say," Santorum exclaimed incredulously, knocking the Madison decision.
"Accepted throughout history," Matthews pointed out.
"Not accepted by history," Santorum insisted, shaking his head in disagreement.
Watch the full exchange, via MSNBC:
Shares