WALLACE: Governor, I want to keep moving along, because as I say, there are a lot of things you said in your announcement. You also seemed to indicate that as president, you wouldn’t necessarily obey court rulings, even the Supreme Court. . . . But, Governor, we have operated under the principle of judicial review since the Marbury versus Madison case in 1803.
HUCKABEE: Judicial review is actually what we’ve operated under. We have not operated under judicial supremacy. Presidents Lincoln, Jefferson, Jackson, presidents have understood that the Supreme Court cannot make a law. They cannot make it. The legislature has to make it, the executive branch has to sign it and enforce it.
And the notion that the Supreme Court comes up with the ruling and that automatically subjects the two other branches to following it defies everything there is about the three equal branches of government. Chris, the Supreme Court is not the supreme branch. And for God’s sake, it isn’t the Supreme Being. It is the Supreme Court.
WALLACE: But, sir, George Will, the conservative columnist, has pointed out that back in 1957, another governor of Arkansas, Orval Faubus, decided to disregard and refuse to obey the ruling to desegregate schools. President Eisenhower had to call in the 101st Airborne.
Are you saying President Huckabee might decide he wasn’t going to obey the ruling on desegregation, or like President Nixon to turn over the tapes? You know, it’s up in the air as to whether you’re going to obey the Supreme Court?
HUCKABEE: Well, Chris, as you know, George Will is no fan of mine. He’s not very fond of me. He recently called me appalling. So, I’m not surprised he would make such a false comparison.
But the point is, in that case, the Supreme Court had ruled the legislature and the executive branch had agreed with the Supreme Court, and precisely what happened is what should happen. The president ordered the airborne to come in and enforce the law, the law that did exist.
WALLACE: But —
HUCKABEE: It wasn’t that the president defied the law. The president was carrying out the law and using all the forces at his resource to do it.
WALLACE: But, OK, let’s say the president decided, “I don’t like the Supreme Court’s ruling on that,” let’s say Nixon had said, for instance, in Watergate, “I don’t want to turn over the tapes and the court can’t make me”?
HUCKABEE: Well, the president has to follow whatever the law is. Does Congress have a law that tells him what he is going to do? In that case, the Congress was ready to impeach Nixon and he ultimately resigned.