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To: COEXERJ145

There will be some really interesting "Full Faith & Credit" constitutional legal actions regarding other states' failure to recognize the legal status of these marriages. The federal courts will necessarialy engage in what FR's most vocal adherents loath. The courts will have to determine: (1) is the recent Defense of Marriage Act contrary to the Supremacy Clause of the Constitution and its application of the Full Faith & Credit mandate? (2)If so, what role does the Tenth Amendment play with regard to any given state's authorization and recognition of these marriages? - -The courts will necessarily need to d follow the mandate of marbury v. Madison (1803) and determine what the law is--ie: engage in the anathematic act of "making law." Ooooh, how scary, judges actually doing what their oath of office requires them to do.


31 posted on 05/29/2004 2:56:28 PM PDT by middie
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To: middie

Of course Congress could simply remove the ability for the federal courts to hear such cases but for some reason, no one has proposed it.


32 posted on 05/29/2004 2:58:23 PM PDT by COEXERJ145
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