Posted on 05/27/2004 6:34:10 PM PDT by wagglebee
I've read the Constitution countless times, and nowhere can I find the justification for the judicial power grab that has been forced upon our nation for 200 years.
Of course the President can also says:
Isn't this pretty much the approach favored by Luis Gonzalez in his posts on other threads? If its different, would you explain, Luis?
The Framers of the Constitution made explicit provision for this type of check in the Constitution itself. Article I, Section 8 and Article III, Sections 1 and 2 grant Congress the authority to establish inferior federal courts, determine their jurisdiction and make exceptions to the Supreme Court's appellate jurisdiction.
All of that is true, but you simply cannot get around a judicial review of laws passed by Congress.
Yes, Congress could establish an inferior court and limit appellate review by the USSC in the area of marriage. But the new court could then rule that a marriage law passed by Congress was unconstitutional and the USSC would not be able to overturn the ruling.
Keep in mind also that the new court's judges would still have to be appointed by the President and approved by Congress.
Just ignore the court and arrest anyone who issues a marriage license.
Let the court try to enforce their decision, they dont have LAW ENFORCEMENT abilities, the state does!
read later
What We Can Do To Help Defeat the "Gay" Agenda |
|
Homosexual Agenda: Categorical Index of Links (Version 1.1) |
|
Myth and Reality about Homosexuality--Sexual Orientation Section, Guide to Family Issues" |
Those who urge the extreme views of 'shuckin & 'jivin to circumvent the separation of powers that empowers the courts to determine what the law is are spitting into the wind. "It is solely the province of the judicial department to determine what the law is." (Marbury v. Madison, circa 1803) (a close paraphrase).......
Homosexual Agenda Ping. Makes sense to me. But if it doesn't make sense to others, what good does the truth do?
This judicial tyranny is like a form of mass hypnosis, or lemmings jumping off a cliff.
What we need is some governors with (ahem) testorone! And some Congresscritters as well and any other elected official that wants to do the right thing. But courage is desperately needed.
Let me know if anyone wants on/off this ping list.
Good post. Thank you.
I favor State Constitutional Amendments over DOMA's, and I certainly want to keep the decision out of the hands of the Federal government and keep it with the States.
My problem with the 1996 Federal DOMA (signed into law by that great defender of the institution of marriage, William Jefferson Clinton), is two fold:
2. I don't trust the Federal government.
Make the forces looking to legitimize same sex marriage fight 50 individual fights, not one "winner takes all" fight at the Federal level.
Why?
See item #2 above.
Thanks for the ping!
The Senate can filibuster it, so that even a simple majority cannot be gained.
That is why the bill should be brought before the House and the Senate BEFORE this year's election DURING a very critical phase of that campaign.
Unconstitutional judicial decisions only have effect if Congress and the president allow them to.
Bingo. So why are they allowing it?
One of the saddest days I remember was when I was redistricted out of Congressman Hostettler's district. Of course that sadness was short lived because I was districted into Congressman Steve Buyers district. (I am so blessed)
This is a myth. Judges can't force their will upon the people because the Constitution doesn't provide them with a single tool to make their rulings become reality. Unconstitutional judicial decisions only have effect if Congress and the president allow them to.
Unfortunately, the cultural institutions whose duty it is to instruct the public regarding the our form of government, the schools and media, are controlled by liberals and statists.
That's only true in cases where courts are needed to bring the act of Congress into effect. But the purpose of DOMA was to reduce the ability of the federal government to impose itself on the states. So Congress doesn't need federal courts at all to administer that law. All that's required is for states to exercise their freedom under DOMA.
It would be a very good day if and when a state defies a federal court that tries to unconstitutionally order it to do otherwise.
They don't have to fight 50 fights. All they have to do is travel to the nearest same-sex-marriage state, get "married," and return home. Either all gay activists in states not recognizing gay marriage would do this, or what is more likely, enough would do it, that all the non-gay-marriage states would eventually simply bend over and take it.
If that is so, then it seems to me that if Mr.& Mr. Smith from Massachussetts moved to Texas, they could challenge that law on the basis of the Full Faith and Credit Clause.
Disclaimer: I think it is a bogus argument and that each State should decide the marriage issue. However, I don't see what would prevent a court challenge.
If Congress removes jurisdiction from the federal courts, what court are they going to challenge it in?
Any State that simply bends over and takes it, deserves it. Anyone without the gumption to fight deserves it.
The Constitution places the right to define marriage on the States, if the simply bend over and take it, the failed to uphold their duties as American citizens, and the other side won.
The Constitution worked either way.
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