Rep. Bachmann: Judges "Need To Act Like Judges," Not Tell People "What Their Laws Are"

December 05, 2011 11:35 am ET — Kate Conway

Appearing with host Chris Wallace yesterday on Fox News Sunday, presidential candidate Rep. Michele Bachmann (R-MN) offered some insight into her warped perspective on the role of government when she answered a question about same-sex marriage in Iowa. Referring to a conservative campaign that successfully ousted three of the seven Iowa Supreme Court justices who unanimously ruled a ban on same-sex marriage unconstitutional, Bachmann stated, "The people in Iowa are sick and tired of having judges telling them what their laws are." She continued: "They are not a super legislature. They are judges. And they need to act like judges."

WALLACE: But, Congresswoman, same-sex marriage is legal in Iowa. So, does that mean that it's all right?

BACHMANN: No, I don't believe it is. Marriage, historically, for all human history has been between a man and a woman. It hasn't been the same-sex marriage. And remember that in Iowa, it was judges that made the decision — not the legislature, which are the people's representatives, and certainly, not the people. That's why the people of Iowa threw out three of those Supreme Court judges. That's something that should give pause to all judges. The people in Iowa are sick and tired of having judges telling them what their laws are. They are not a super legislature. They are judges. And they need to act like judges. As President of the United States, I will only appoint judges that will apply the strict construction or the original intent of the Constitution of the United States.

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Bachmann has a habit of conveniently misinterpreting everything from the contents of individual laws to the Constitution itself if it serves her political ends, and in this case, she's exactly wrong on the role of the judiciary. After all, adjudicating the validity of laws is a power conferred upon the courts in the Constitution and subsequent Supreme Court case law — but Bachmann is essentially suggesting that her personal beliefs are a valid arbiter of what is legally sound.

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