Are you a Constitutional scholar? A Constitutional lawyer or jurist?
Do you know the history of the reciprocity clause? Do you know its context? Do you know how its application has been overextended?
How about the Uniformity clause? The Commerce clause?
Do you think the 14th amendment applies to abortion?
The point is that alot of federal law has been stretched to apply to situations that it was never intended to be applied to.
And what is the legal foundation that enables a return to original intent?
Federalism.
Go ask FDT your question. I should be nice but I’m not so I will say that I believe he will cut you to shreds over Constitutional history and application, but he will do it in a way that will be gentlemenly, leaving you inspired and in awe at having been dressed down.
But do write your question on his website. I believe you will get your answer.
No, but I did stay in a Motel 6 last night ;)
It is with consideration of the Commerce clause, and the grave damage done in it's name that I posted my previous thoughts to you. Allowing a state to deny a marriage from another state may (in fact probably will) wind up having unforeseen repercussions. As a marriage is a contract in the eyes of the law, what other contracts can go wanting once the precedent is set?
Furthermore, one can suppose a set of circumstances where the SCOTUS can make yet another decree and put us right back where we are now, but with the added disgrace of a reciprocity clause bent completely out of whack by several years of lawyerly gymnastics.
It may not be as clean a solution as Fred might desire.
Do you think the 14th amendment applies to abortion?
Sadly, no I don't. Amendment 14, Section 1 begins with:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Obviously the first test is that one must be "born" for the amendment to apply. It is sad that it does not apply, and that the commandments written on the hearts of men would not prevent us from having to debate the subject in the first place.
And what is the legal foundation that enables a return to original intent? Federalism.
How I would love to agree with you, and I do for the most part. But the government has long muddled in the affairs of the church and the state, and I dare say, like Humpty Dumpty, it is almost impossible to put it back again.
Our laws were written by men of conscience for men of conscience. So much of what we debate today needed no law of governance, as such things were unthinkable crimes in the minds of the founders and their illegality was implied by the natural ordering of society.
It is not that I disagree with you, but that I think it cannot be done.