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Kim Davis’s gay marriage issue is legally different than sanctuary city refusal of fed immigration
washingtonpost.com ^ | Sept 2 ,2015 | Jonathan H. Adler

Posted on 09/05/2015 6:54:04 PM PDT by NoLibZone

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To: NoLibZone
For some reason I'm thinking Mr. Adler was a student of that constitutional scholar Barack Obama.
21 posted on 09/05/2015 7:29:54 PM PDT by jeffersondem
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To: madprof98; duffee

Bump!


22 posted on 09/05/2015 7:36:32 PM PDT by Jagdgewehr (It will take blood.)
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To: Timber Rattler
Put directly, Kim Davis is acting in defiance of applicable federal law;

And which federal law is that?

The law written, passed, and signed by SCOTUS of course. All by their lonesomes.

While the article is well written, the title should be changed to "Describing the contours of a Pretzel".

23 posted on 09/05/2015 7:50:07 PM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: JediJones

I know of no previous case law or instance where this has happened before.What a tangled web this is. We are in Orwellian times. Sometimes paying strict adherence to the intent of the constitution is inconvenient but worthy.I would rather the state stay out of marriage altogether but I think I know, like everything else, what the true intent is: power and money. I think this has gone passed the social issue hurdle already.


24 posted on 09/05/2015 7:51:49 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: NoLibZone
So the author says this in defense of Sanctuary Cities

At the same time the federal government cannot dictate that state and local officials enforce that law on the federal government’s behalf.

Doesn't that exactly describe Kim Davis' situation? In fact, she isn't even opposing a lawn per se. She's opposing one ruling from SCOTUS that government is implementing as a wide-ranging law.

25 posted on 09/05/2015 8:00:23 PM PDT by PGR88
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To: NoLibZone
I don't see the similarity between the two cases either. Sanctuary cities, and their mayors, are harboring criminals, and are acting in defiance of their sworn duty to protect America, and the Constitution. Kim Davis is standing up for the Constitution and her First Amendment rights.

More importantly, she is standing up as someone who supports the Word of God, and Jesus as Lord.

26 posted on 09/05/2015 8:01:45 PM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: Timber Rattler

It’s the law that says that if it’s leftist/progressive it’s constitutional, if conservative it’s illegal.

The 14th amendment calls for equal protection under the law, so that means that leftist/ progressive initiatives are more equal than others.

This issue is more important than sodomite marriage. It really is about equal protection under the law which purportedly undergirded the USSC decision.

The hypocrisy is truly astounding.


27 posted on 09/05/2015 8:07:23 PM PDT by grumpygresh (We don't have Democrats and Republicans, we have the Faustian uni-party)
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To: NoLibZone

There is no law, simply an opinion by five justices who do not make law.


28 posted on 09/05/2015 8:32:22 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: NoLibZone

Is it legally different from our Attorney General refusing to defend our duly passed propositions? It was their sworn duty to defend our illegal aliens prop, and our no homo marriage prop, and they refused.

No one seemed to mind.


29 posted on 09/05/2015 8:34:50 PM PDT by Persevero (NUTS)
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To: NoLibZone

What Federal law is Kim defying? Certainly not any federal marriage law passed by congress. She’s in jail for contempt of court. Judges can jail you for contempt if they don’t like your tie.


30 posted on 09/05/2015 9:00:45 PM PDT by Captain Compassion
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To: NoLibZone

There is no federal marriage law. We are a nation of laws not a nation of court orders.


31 posted on 09/05/2015 9:05:44 PM PDT by Captain Compassion
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To: shanover

Once again. These libtards have to go. Two cultures can not occupy the same space. They have to leave.


32 posted on 09/06/2015 1:30:16 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: NoLibZone

Ya, it is different.

Nothing Kim Davis has done has gotten people brutalized, raped and/or killed.

Moron.


33 posted on 09/06/2015 1:48:56 AM PDT by DB
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To: NoLibZone
The Constitution establishes that federal law is supreme. But it is also well-established that the federal government may not “commandeer” state and local governments to implement federal law.

Amusing reasoning, especially when the black-robed thug is trying to commandeer the local County Clerk to implement a federal demand that jurisdictions pretend gay "marriage" has something to do with real marriage. These people don't even care about sounding objective; they just demand absolute obedience to Big Government. Liberals and their journalists disgust me.

34 posted on 09/06/2015 5:54:47 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Steve_Seattle

“But it is also well-established that the federal government may not “commandeer” state and local governments to implement federal law.”

That statement is correct. Elected state and county officials may not be drafted by the federal government to enforce federal dictates. If the federal government wants homosexual marriages, it must supply federal bureaucrats to carry out the federal dictate.

The USSC has ruled numerous times that state elected officials are sovereigns. The latest USSC decision is in Printz v US.


35 posted on 09/06/2015 6:47:28 AM PDT by sergeantdave
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To: NoLibZone
I call stuuf like Jonathan Adler's article "the Internet rebuttal":

"No, it's not! It's THE EXACT OPPOSITE of what you said. And no, I shan't offer any proof."

36 posted on 09/06/2015 3:55:58 PM PDT by kiryandil (Maya: "Liberalism Is What Smart Looks Like to Stupid People")
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To: NoLibZone

In 2012, Adler headed a screening committee appointed by Ohio governor John Kasich to assist him in selecting an appointee to fill an open seat on the Ohio Supreme Court.


37 posted on 09/06/2015 4:01:03 PM PDT by kcvl
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To: NoLibZone

Jonathan H. Adler

“Though my political leanings are most definitely right-of-center, and it would be convenient to believe otherwise, I believe there is sufficient evidence that global warming is a serious environmental concern. I have worked on this issue for twenty years, including a decade at the Competitive Enterprise Institute where I edited this book. I believe human activities have contributed to increases in greenhouse concentrations, and these increases can be expected to produce a gradual increase in global mean temperatures. While substantial uncertainties remain as to the precise consequences of this increase and consequent temperature rise, there is reason to believe many of the effects will be quite negative. Even if some parts of the world were to benefit from a modest temperature increase — due to, say, a lengthened growing season — others will almost certainly lose”

http://www.theatlantic.com/business/archive/2012/05/a-conservatives-approach-to-combating-climate-change/257827/


38 posted on 09/06/2015 4:04:11 PM PDT by kcvl
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To: RobbyS

Sounds like the judge should have called into court the person responsible for not following Kim Davis’ request to change who signs those homosexual mirage papers. He should’ve sentenced that person to jail.


39 posted on 09/06/2015 5:07:00 PM PDT by NetAddicted (Just looking)
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