Posted on 12/06/2019 10:29:24 AM PST by Olog-hai
FR: Never Accept the Premise of Your Opponent’s Argument
With all due respect to misguided Rep. Chris Stewart’s bill, one constitutional problem with it is this imo. The states have never expressly amended the Constitution to give the feds the specific powers to dictate INTRAstate policy for any of the referenced public services.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
The next problem with Stewart’s bill imo is that, in stark contrast to the rights that the Founding States expressly protected with the Bill of Rights and other protection amendments to the Constitution, the states have never amended the Constitution to expressly protect so-called LGBT “rights.”
In fact, the only constitutionally enumerated sex protection that gives Congress the power to legislate protections on the basis of biological female and male sexes is limited to voting rights issues, evidenced by the 19th Amendment.
"19th Amendment:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Congress shall have power to enforce this article by appropriate legislation [emphasis added]."
Also, how do the feds protect LGBT people without effectively granting them special privileges which would arguably violate the Founding States' constitutional prohibition on the feds establishing privileged / protected classes?
"Article I, Section 9, Clause 8: No title of nobility shall be granted by the United States [emphasis added]: And no person holding any office or profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state."
Remember in November!
MAGA! Now KAG! (Keep America Great!)
Corrections, insights welcome.
There is no need to enshrine sexual perversion into the law.
We already have the first amendment to protect religious liberty.
If that is not enough we can use our second amendment rights to get back the first amendment ones.
What tha h*ll is WRONG with Utah?!!! Demon possession?!
ANY concession at all will be readily accepted as a way station on the eventual way to complete homofascism.
Never EVER give them an inch. Ever.
“The road to hell is paved with ‘religious exemptions’.”
- Protest sign held by an Orthodox Jew during New York’s homo “marriage” debate
The only “exemption” we need is the First Amendment.
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