Posted on 09/04/2015 7:56:32 PM PDT by Impala64ssa
Did our founders, after drafting a Declaration of Independence, fighting a war with England, and then sitting down to pen a national governing document (the Constitution) put in that document the right of a majority of federal judges to make laws for the entire nation? Rowan County, Kentucky, clerk Kim Davis is testing the claim that five unelected Supreme Justices have the authority to overrule a state constitution that she took an oath to uphold and a federal Constitution that says nothing about same-sex marriage. Robert Gagnon, Associate Professor of New Testament at Pittsburgh Theological Seminary and author of The Bible and Homosexual Practice, had this to say on the issue in a Facebook post: Inasmuch as SCOTUS so obviously overreached and acted as though it had the power to amend the Constitution (and certainly as legislators), Kim Davis should not comply. I disagree with my friends Maggie Gallagher, Rod Dreher, and Ryan Anderson on this one. The Obergefell decision has no more validity than the Dred Scott case (or the Fugitive Slave Law) had in Lincoln's day. Civil disobedience is commendable. The only problem with Kim Davis's position (aside from the fact that she would better ground her rationale in the illegitimate action of the Five Lawless Justices than in religious liberty; h.t. Brian Troyer) is that mass resistance has not occurred on the part of Christians. The states have rolled over on the question of judicial supremacy, and Congress is too busy solidifying its power base to take on a nation-dividing fundamental issue. Governors dont want to make waves and get involved in a protracted legal battle with the Federal government that has unlimited money to spend and ways to hold back federal funding (money it took from the states in taxes).
(Excerpt) Read more at godfatherpolitics.com ...
I like your posting!
Since the US is a representative democratic Republic, then the two houses of Congress should have the most power.
The put the Articles of the Constitution in the order they did for a reason.
Last I looked Kim Davis was not a federal government employee.
Yet the only thing you hear coming out of the media’s maw is how this clerk is a “government” employee who is flaunting federal law.
Kim Davis is a state employee and there is nothing in Kentucky law which requires her to issue marriage licenses to homosexual couples.
This dispute hasn’t anything to do with religion, but everything to do with state’s rights and the federal government running roughshod over state law and invalidating it claiming some kind of “trumping” supremacy it never was supposed to have and will never in truth have.
As another poster has said, we are being ruled by tyrants in the executive and judicial branches of the federal government which branches have been gifted by a severely dysfunctional congress with powers intended by the Constitution to be the sole province of congress and the people only.
The one thing the left in America does better than even the Nazis did is create and run propaganda machines which obscure and deflect the ability of the citizen to see the truth.
I have a neighbor who’s a screaming liberal and whose favorite statement is “Fed trumps State! Fed trumps State [law]!”
As though this was all some sort of card game on the internet. He is a drunk and an internet gambler by the way.
Actually it did. And then some key articles were taken out in the early 20th Century, replaced by some very dire amendments in 1913 that among other things diminished state power and consolidated federal power.
The Constitution didnt set up good methods to enforce everything that America might have needed
Oh yes, the deliberate mental rewrite of the Supremacy Clause. Aside from judicial opinion not being law, there are lots of federal laws that are unconstitutional yet enforced by lawless bureaucrats at that level, and there are illegal executive branches that are acting as a Politburo. Libs will only take this seriously once they start being personally affected; but right now they are in two minutes hate mode.
I have a neighbor whos a screaming liberal and whose favorite statement is Fed trumps State! Fed trumps State [law]!
I think he makes that point because the legal argument is easier, not necessarily more valid.
From the woman’s standpoint, it is about religious liberty. But from the legal perspective there are other more compelling arguments to them.
To her, nothing could be more compelling.
Certainly resulted in the first imprisonment based on Christian beliefs in the USA. The very thing that the Constitution was designed to prevent.
So posting on some obscure site is not going to result in change?
For any conservative today to claim any semblance to what our Founders did is Stolen Valor.
We are pond scum compared to those great, brave men.
Remember
The 3 branches are NOT equal.
Congress is first.
The Executive second.
The SCOTUS is third and there is no limit to the amount of “Justices” that can be appointed to that branch, the Right Wing needs to add at least 5 John Birch Society members to that effed up institution.
Finally there is absolutely no Constitutional Authority for ANY Federal Court save the SCOTUS.
The existing “Federal Judiciary” can be annihilated by the Executive and Congress.
The “Federal Judiciary” is a jobs program for lawyers.
TRUMP is NOT a lawyer.
I would never dare claim anything on that order and have not done so, but I do have to say that failing to learn from those men means that they had lived and acted in vain.
I sure would like to have had the Founding Fathers around to deal with the communists. They would make those godless types feel the fear of the God they claim doesn’t exist. And that is precisely what we need to learn.
“the Senate not willing to work with the House to remove such justices from the bench”
It is not like the Boner led House is straining at the bit to impeach anyone either.
Um... I am not that naively sanguine about any act of man any more. Some might put Americana up on the altar of reverence with the picture of Jesus but I don’t.
What blesses your formula over all other formulas? Anyone can toss a bible into a blender and wood chipper, take what comes out, and call it The One Revealed Way.
Your God looks suspiciously like Yosemitest.
It’s the nature of people to look for something to arbitrate questions. Acting as though that didn’t exist and the world could always be treated as a herd of cats, is a solecism against human nature.
This is how the weight of the U.S. “world” got balanced on the pinhead that is the USSC, a ludicrously inadequate “court of last resort” and a tempting pressure point for the unscrupulous. It’s not like we had no warning signs about that either.
> I think he makes that point because the legal argument is easier, not necessarily more valid.
I understand the conscientious objection however I think it is going to be very difficult to defend; she wasn’t conscripted, she was elected to perform an administrative duty which by necessity must be performed impartiality, this was understood when the job was accepted. Far better, both tactically as well as more justifiably, is to reject the illegal order of the court which no one is bound to obey.
typo - impartiality s/b impartially
I have read my own bible, not just “snippets directed by someone else with agendas” out of my own bible.
And I know thereby you are coming up with scads of distortions, which greatly vitiate any good that might otherwise be achieved.
You are particularly hypocritical to post the portrait of George Washington, whose actual religious faith would have rebuked you because it actually WAS whole-bible biblical.
Religions of pride, which you are wallowing in, cannot stand a chance before organized evil. It can easily entertain the same evil it pretends to hate, in its own chambers.
Faith of love, which I preach out of a whole bible, CAN stand it. Read 1 Cor 13 about what profiteth the writer.
I realize this may fall on a deaf ear with you, but there is always hope before the judgment date.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.