Rep. Bachmann's "Biblical" Perspective On The Courts Is Also Inconsistent

December 16, 2011 4:51 pm ET — Julia Krieger

Rep. Michele Bachmann

Rep. Michele Bachmann (R-MN) has a lot of opinions on the proper role of the judicial system, or rather, what its role isn't. In September, she dropped this gem on who should decide the constitutionality of the Affordable Care Act: "The Supreme Court should not be deciding our laws." She added that the ones who should make those calls are "the people we elect," like — wink, wink, nudge, nudge — Bachmann.

Bachmann has also suggested that as president she'd "most assuredly" confront the Supreme Court over rulings that contradict her moral views. But this afternoon, Right Wing Watch flagged an interview on Iowa radio host Jan Mickelson's show in which Bachmann, citing her "biblical view of law," emphasizes the idea that the three branches of government shouldn't interfere with one another: "It was clear that the Founders wanted to separate power, they wanted to separate the presidency from the Supreme Court and from the Congress."

BACHMANN: I hold a biblical view of law, and if you look at the original Constitution and the founding documents of our country, it was clear that the Founders wanted to separate power, they wanted to separate the presidency from the Supreme Court and from the Congress, because they thought that the Congress should be the most powerful of all the people's voices because the people would have the ability to change out the members of the House every two years, originally the state legislatures chose the senators and they were to have the states' interests in mind, and then the president was meant to execute the laws that Congress put into place. And Congress— The courts had really a relatively minor function, it was to take current fact and apply it to the law that Congress had passed. And so it was really a beautiful system that set up but it's been distorted since then, and that's what we need to do, is get back to the original view of the Founders because it worked beautifully.


Although Bachmann trumpets the Founders' "beautiful system" in its separation of powers, it appears that her own "biblical view of the law" takes precedence whenever the courts rule in a manner she does not prefer.

For example, referring to conservatives in Iowa who successfully ousted three Iowa Supreme Court justices for deeming a ban on same-sex marriage unconstitutional, Bachmann lectured, "The people in Iowa are sick and tired of having judges telling them what their laws are." She added, "They are not a super legislature. They are judges. And they need to act like judges."

Perhaps Bachmann should let them do just that.