Box of Rocks coasts on to another day of victory

Timothy Kincaid

January 10th, 2012

Today the Box of Rocks sat quietly and was bothered by no one. However, Rick Santorum found himself subjected to chants of “bigot” as he entered a campaign event. Which got me thinking, what does Santorum say on his website about matters of equality (Santorum, not santorum… that’s a different website).

In the section of “What I Believe” titled “Appointing Constitutionalist Justices and Judges Who Refuse to Legislate from the Bench”, he says the following:

Rick Santorum is no stranger to the issue of judges. … in 2004 when activist judges sought to legislate from the bench and redefine marriage, Rick spearheaded the debate in favor of the Federal Marriage Amendment.

First, let’s consider whether that makes any sense at all. As of 2004, not a single Federal Judge had found anything favorable about marriage. However, a number of state judges had concluded that state constitutions disallowed discrimination against gay people and had demanded that either marriage or some equivalent be provided so that citizens can have equal access, so these must be the judges he’s talking about.

Which seems to suggest that Santorum thinks that as President he could appoint “Constitutionalist” state judges. But surely that can’t be the case. Even a box of rocks knows better than that.

But on to his performance. If I were considering how effective a president Rick Santorum could be, I’d look to the issues he spearheaded. And I’d have to say that on the Federal Marriage Amendment, Rick Santorum was a phenomenal failure.

To pass the Senate and be considered by the states, the FMA had to pass both houses of Congress by a two thirds vote. In the House in 2004 that was 290 votes in favor, and in the Senate it required 67. So Sentorum’s goal, his measure of competency, was obtaining 67 Senate votes in favor of the amendment.

There were at that point 51 Republicans, 48 Democrats and 1 Independent. To achieve his goal, Santorum needed to keep hold of the presumed support of all 51 Republicans and pick up support of a third of Democrats.

But before he could pass the FMA and start campaigning in the states, he had one further roadblock. He needed to get a vote. And if the Senators don’t want to vote on an issue, they can fillibuster – or just keep talking. As long as a Senator wants to talk – be it about the bill or his neighbor’s dog or reading the phonebook (as as happened) – they are entitled to do so.

However, there is a ‘sit down and shut up’ provision to keep any one Senator from disrupting business. If any Senator wishes to end debate and just vote already, he can call for cloture. And if three fifths (60) Senators agree, debate stops immediately and the bill itself is voted on. So before he could get his 67 Senators to send the FMA to the states, he needed 60 who were wanted to take a vote.

He didn’t even get half.

Santorum managed to get three Democrats to vote on whether to vote (Byrd, Miller, and Nelson), but he lost twice as many Republicans who refused to bring the FMA to cloture (Campbell, Chafee, Collins, Snowe, Sununu, and McCain – yes, that McCain). His cloture vote fell flat 48 to 50 (Senators Kerry and Edwards were unavailable.)

So what Santorum is loudly touting on his website is that on the FMA, he is a failure. A colossal failure. The box of rocks doesn’t have a website and is making no claims as to its ability to spearhead anything. On this matter of intellect and wit, the rocks win. Again.

But to really set himself apart from a box of rocks, Rick Santorum goes further to explain his understanding of the judicial process and the roll of the judiciary in a checked and balanced government:

Rick Santorum believes that the Judiciary is a critical part of our system of government, but it is the third branch of government under our Constitution, and should not act like the first. President Obama often prefers when it does legislate instead of Congress. For example, when he refuses to defend the Congressionally approved Defense of Marriage Act.

Okay, it can be difficult to understand the workings of Santorum’s brain, but if I have this correct, when the President chooses not to defend a law he thinks unconstitutional, then the judiciary is acting like Congress. By hearing argument in a lawsuit brought by the State of Massachusetts, the judiciary is, in Santorum’s words, “legislating from the bench” and is “usurping” the role of Congress.

I’m a bit at loss as to what Santorum thinks the Judiciary is to do when a lawsuit is presented. Really, I’m not being facetious. I have no idea what he thinks is the appropriate response when a State sues the federal government for what it perceives to be an encroachment on states’ rights. I suspect that it all depends on what the position of his Church is on the matter.

Although Rick Santorum served in the Senate for twelve years, it’s abundantly clear that a box of rocks has a far better grasp on the separation of powers and role of the judiciary.

Mike

January 10th, 2012

See that Box of Rocks? That’s exactly who Santorum is counting on as a voter. So facts really don’t matter: His supporters aren’t going to check them. Remember, they build their entire life’s philosophy on “faith”.

Lindoro Almaviva

January 10th, 2012

and that is the reason why i believe Sartorum is the best candidate to win the republican nomination. Maybe we need to create a page to encourage every gay man and woman, and supporter to vote for him in any open Primary this year.

Ben in Oakland

January 10th, 2012

Lindro…

They tried that with bush2, and look where it got us.

Lindoro Almaviva

January 10th, 2012

They did? well, it has been how many years and where are we in terms of gay rights? I think it is time we give it another try

Theo

January 10th, 2012

Not to defend santorum, but the statement does not suggest that he wants to appoint state court judges. He is saying that, in response to activist judges (by which he probably means the MA Supreme Judicial Court) he led the effort to pass the FMA, which would have overridden all state judges who had held that gays had a right to marry.

So the statement does make sense, which almost certainly means that santorum didn’t write it.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

Today's Agenda Is Brought To You By...

Today In History, 1646: Execution in New Netherlands Colony

Today In History, 1741: An Early Ex-Gay Testimony

Today In History, 1962: Supreme Court Rules Physique Magazines Are Not Pornographic

Today In History, 1972: United Church of Christ Ordains First Gay Minister

Today In History, 1978: Rainbow Flag Debuts

Born On This Day, 1935: Larry Kramer

Born On This Day, 1963: George Michael

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.