Posted on 09/10/2015 11:21:18 AM PDT by Sean_Anthony
The Supreme Court and States' Tenth Amendment Rights
The Constitution created a Union. That Union was of the several States, and the Constitution was written to join those States into a confederation, with a federal government that dealt only within the powers and authorities defined in the document. The autonomy of states was assured within the Constitution, though doubts arose as to whether the federal government might attempt to secure more power than was intended and granted to it.
The most significant clarification of that intent was laid out in the Preamble to the Bill of Rights. A preamble sets forth the purpose of a document, and that which was ascribed to the first ten Amendments reads, as follows:
autonomy of states? Wiped out by the 16th and 17th. Until they are repealed they are feudal states.
Question: How long should State Legislatures have before they get their own laws in order with the SCOTUS decision or they are put in jail for Contempt of Court? What will they do when other groups like bigamists, polygamists, polyandries, dog lovers, et.al., line up for their equal rights, too. Don’t think it won’t happen. This is all about ending civilization as we know it.
Both constitutions provide for the legislative bodies (Senate and House of Representatives) to have the sole authority to enact laws. If a judge rules an act unconstitutional, then the legislative body must enact a law consistent with the ruling. That is the only way that it can work. It is not up to the individual to determine what she can, or cannot, do. It is those who have taken the role in government to enact laws, well, to enact laws.
Kim Davis should not be held in contempt of court. If anyone is to be held in contempt of court, it should be those in the legislative bodies that leave on the LAW books laws that are unconstitutional. They are paid far better than Kim Davis is, and their job is to write the laws that she is to enforce. Every member of the state legislature should be willing to sit in jail, in lieu of Kim Davis, for she is the only one that is upholding the law. The same might be said of the Congress, as they, too, recognizing their limited role in the matter of marriage.
As a final thought, Kim Davis has stated that she refused to issue the licenses because of her religious beliefs. Had a law been lawfully enacted that allowed queers to marry, then Kim Davis would have to decide whether she wanted to continue in her job, or not, based upon a law that was properly enacted. To put that in more interesting terms, if any legislative body (not judicial) thinks that they have a right to change a definition this is thousands of year old, based upon the Bible, which defines marriage, then those in that legislative body have placed themselves above God.
Whole piece is at http://outpost-of-freedom.com/blog/?p=1221
A very thoughtful piece, thank you for posting it!
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