Friday, March 6, 2009

Glenn Beck: The Proposition 8 Oral Arguments

Glenn Beck:

“You know the history of the progressive movement, Jonah.  If the supreme court says it is constitutional, then what happens on the streets of California? .… What happens with progressives, usually, when they don’t get their way?”

Jonah Goldberg:

“The history of progressivism is going wherever the field is open.  If they can win it at the ballot box with elections then all of a sudden progressives are all about democracy.  If they can’t win at the ballot box, they go to the courts and say we’re all about the courts.  If they can’t win at the courts, they use the executive branch.  It’s wherever they have open field.  They’re going to keep going at this until they win.”

Glenn Beck:

“Can you ban civil rights?”

Jay Sekulow:

“Well sure you can.  I mean, not in the sense of a fundamental right.  No courts recognize that this is a fundamental right.  And that would be under what’s called the Supremacy Clause.  The idea that the US Constitution, if it’s a right in the US Constitution a state can’t get rid of say the right of freedom of religion, the free exercise of religion, or can’t get rid of the freedom of speech, or the freedom of the press.  But no federal court, and certainly not the supreme court of the United States, has recognized in this particular case whether it’s a protest on donuts or whether it’s an issue involving the definition of marriage - if that’s a fundamental constitutional right.  So when you’ve got a situation like this where it’s strictly up to the States to make the determination, it’s up to those citizens of the States to make that determination . . . . No federal claim involved here.”