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Capehart On DOMA: States' Rights A 'Legal Technicality'
NewsBusters ^ | Mark Finkelstein

Posted on 03/28/2013 5:13:34 AM PDT by governsleastgovernsbest

Seriously: of all editorial writers at the nation's major newspapers, could the Washington Post's Jonathan Capehart be the least conversant with the Constitution? Back in August, we caught Capehart admitting to his unfamiliarity with Enumerated Powers Clause.

On today's Morning Joe, Capehart's Constitutional confusion was on display again. Discussing the Supreme Court's possible overturning of DOMA, Capehart complained that it looked like the Court was headed toward doing so not in reliance on equal protection, but on the basis of states' rights, which Capehart called "a legal technicality." Tenth Amendment much, Mr. Capehart?

View the video here.

(Excerpt) Read more at newsbusters.org ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: doma; jonathancapehart; morningjoe; statesrights

1 posted on 03/28/2013 5:13:34 AM PDT by governsleastgovernsbest
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To: netmilsmom; Behind Liberal Lines; Miss Marple; an amused spectator; Diogenesis; MEG33; PGalt; ...

The Tenth Amendment: it’s in there, Jonathan. Ping to Today show list.


2 posted on 03/28/2013 5:14:12 AM PDT by governsleastgovernsbest (FReepmail or ping me to be put on my ping list for criticism of liberal media)
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To: governsleastgovernsbest

Capehart has been nothing more than a Gay Rights Activist for a long time. Anytime some kind of Gay issue surfaces, he pops up on MSNBC and pens a column in the WAPO bashing anybody or anything that opposes Gay Marriage or related Gay issues.


3 posted on 03/28/2013 5:19:37 AM PDT by Old Retired Army Guy
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To: governsleastgovernsbest

Capehart is the expert on male on male sodomy so he should know.

Sure, the libs on the court will throw out DOMA on states rights and then throw out the CA ref on traditional marriage because its the national SCOTUS that decides marriage laws, not the states.

Typical SCOTUS making it up as they go along.

Roberts should have thrown out that O-care mandate.


4 posted on 03/28/2013 5:21:18 AM PDT by sickoflibs (To GOP : Any path to US citizenship IS putting them ahead in line. Stop lying about your position.)
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To: governsleastgovernsbest
All laws are "legal technicalities."

Can I ignore the ones I don't like, too?

5 posted on 03/28/2013 5:39:26 AM PDT by E. Pluribus Unum ("Somebody has to be courageous enough to stand up to the bullies." --Dr. Ben Carson)
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To: governsleastgovernsbest

He’s an openly gay dumbass......MSNBC ONLY HAS DUMBASSES.


6 posted on 03/28/2013 5:43:47 AM PDT by Ann Archy
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To: governsleastgovernsbest

I confess to being a VERY binary thinker (black and white). I don’t understand the states rights issue here because, from what I’ve gathered, it is all about FEDERAL taxes and benefits.

Could someone educate me?


7 posted on 03/28/2013 5:47:07 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: governsleastgovernsbest

That darn Constitution keeps getting in the way of the socialist agenda...


8 posted on 03/28/2013 5:48:28 AM PDT by Pharmboy (Democrats lie because they must.)
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To: governsleastgovernsbest

If the turd burglars had more than a handful of brain cells to rub together, they might realize that a return to state powers is the best thing that could happen to them.


9 posted on 03/28/2013 6:01:44 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: governsleastgovernsbest

Ignorance, in and of itself, is bad enough, but willful ignorance is an even more pernicious distortion and diminution of the truth. It is the tantrum of a disobedient child, it is the denial of plain fact, it is stubborn defiance of all that is right and just in this world.

The world is truly not perfect, never will be, for so long as mankind shall be upon it. But there is a kind of homoestasis, a hewing back to certain parameters of action and behavior, that shapes the past, present and future. Getting too far out of that zone only results in a massive corrective reaction that brings everything back to some sort of evenness and stability. We are currently suffering the effects of a far too great of an overcorrection in the recent past, and the wrong pilots are steering the course.

The very definition of the term “marriage” has undergone a dramatic re-writing in recent years, and now the word is carrying freight it was never meant to bear. The state-sanctioned marriage is a civil contract, and it means something slightly different in different places. But its original purpose was to assure lawful protections for both the spouses and the children of that union. As such, the institution has developed its own code of conduct and management, not applicable to other contractual arrangements. And much more than any other contract, emotion has played a part not normally found in “arms’-length” negotiations. Marriage as a contract occupies a special place in the statutes and ordinances that ordain the conduct of people.

Marriage as a spiritual and religous commitment within the context of organized religion is quite apart from the civil definition, and requires a vastly greater participation on the part of each of the spouses, than is ordinarily defined in the civil codes. No earthly judge can rule on the aspects of this mutual agreement when concluded under the auspices of organized religion, or even of pagan rites which are a declaration before the community of the exclusive nature of the union.

Now if an unconventional combination of individuals so choose to make some similar commitment among themselves, this could be, and has been, covered under various codes that spell out the terms and conditions of the contract, but whatever this contract is, do not call it marriage. To do so is to pervert and distort the original meaning of marriage, and demean the institution as a whole, as first one exception and another is called in, until the meaning is so diluted it is unrecognizable.


10 posted on 03/28/2013 6:02:09 AM PDT by alloysteel (Every generation laughs at the old fashions, but follows religiously the new.)
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To: governsleastgovernsbest

I was listening to some of the SCOTUS arguments and it seemed like one of the lawyers was arguing only the legislature could deal with the issue as they represent the voters who elected them. He seemed to be arguing against the voters deciding issues via propositions (referrendums). What a ridiculous load of crap.


11 posted on 03/28/2013 6:15:09 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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