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1 posted on 09/05/2015 6:54:04 PM PDT by NoLibZone
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To: NoLibZone

Full Title:

Why Kim Davis’s refusal to issue same-sex marriage licenses is legally different from a ‘sanctuary city’s’ refusal to cooperate with federal immigration law


2 posted on 09/05/2015 6:54:27 PM PDT by NoLibZone (I voted for Mitt. The lesser of 2 evils religious argument put a black nationalist in the W.H.)
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To: NoLibZone

The author is wrong. At no time has any court upheld the right of nullification by a state or local government. Now you may try to use weasel words and say not enforcing is different than nullification, but the end result is the same. If we extend this logic further we could have a city or state that allows for fully automatic weapons in direct defiance to the AYF. I wonder how long the left would defend that legal “right”


3 posted on 09/05/2015 6:57:44 PM PDT by LukeL
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To: NoLibZone

Correct: the existence of “sanctuary cities” results in the MURDER of American citizens.

Kim Davis’ activity does not.


4 posted on 09/05/2015 6:57:52 PM PDT by SoFloFreeper
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To: NoLibZone
Put directly, Kim Davis is acting in defiance of applicable federal law;

And which federal law is that?

5 posted on 09/05/2015 6:59:08 PM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: NoLibZone

The only difference IF what he says is correct is that Kim Davis gets thrown in jail and the rogues of sanctuary cities get way with breaking federal laws they disagree with without punishment. Some difference. Jail the little person.


6 posted on 09/05/2015 7:03:14 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: NoLibZone
"But it is also well-established that the federal government may not “commandeer” state and local governments to implement federal law."

He's playing with words. What a jackass. The federal government forces state and local government to do MANY things to comply with federal law. To name an obvious example, state and local governments must collect and report income information on all of their employees, and must collect social security taxes on those employees.
7 posted on 09/05/2015 7:04:26 PM PDT by Steve_Seattle
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To: NoLibZone

> “the Supremacy Clause provides that state laws must yield when they conflict with federal law.”

What federal law?

There is no federal marriage law, marriage laws have always been within the purview of the States. The people of Kentucky have decided that marriage is between man & woman.

The USSC has no authority to commandeer the legislative process of the States, Kentucky can not be forced to issue marriage licenses contrary to its laws or to have it’s laws written for them by the federal Supreme Court.


10 posted on 09/05/2015 7:05:05 PM PDT by Ray76 (When a gov't leads it's people down a path of destruction resistance is not only a right but a duty.)
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To: NoLibZone

So how come when Jan Brewer decides to enforce the border and require identification in Arizona do the feds file a lawsuit over civil rights violations and creating a patchwork of immigration laws.

Holder said there can only be one law of the land when it comes to immigration, and it’s the federal govt that overrides state law.


11 posted on 09/05/2015 7:06:50 PM PDT by Vic S
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To: NoLibZone

That Tennessee judge said Tennessee currently has no marriage law; if that was the effect of the Supreme Court ruling, that is , to strike down as unconstitutional any existing state laws written defining marriage as between 1 man and 1 woman, then Kentucky has no marriage law either.


13 posted on 09/05/2015 7:07:31 PM PDT by gusopol3
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To: NoLibZone
"The Constitution establishes that federal law is supreme."

Federal law is supreme over matters reserved by the Constitution to the federal government. Marriage law is not one of those enumerated federal responsibilities.
14 posted on 09/05/2015 7:07:40 PM PDT by Steve_Seattle
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To: NoLibZone

She’s upholding Kentucky’s constitution which contains a ban on same-sex marriages. The Federal government has no jurisdiction in marriage licensing since that is a power held only by each state. If a state has the power to ban marriage between siblings based on health risks, it has the power to ban any other type of health-risky union. The Federal government has no such power and yet it forces states to authorize marriage to an unequally protected group.


19 posted on 09/05/2015 7:20:55 PM PDT by skr (May God confound the enemy)
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To: NoLibZone
For some reason I'm thinking Mr. Adler was a student of that constitutional scholar Barack Obama.
20 posted on 09/05/2015 7:29:39 PM PDT by jeffersondem
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To: NoLibZone
For some reason I'm thinking Mr. Adler was a student of that constitutional scholar Barack Obama.
21 posted on 09/05/2015 7:29:54 PM PDT by jeffersondem
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To: NoLibZone
So the author says this in defense of Sanctuary Cities

At the same time the federal government cannot dictate that state and local officials enforce that law on the federal government’s behalf.

Doesn't that exactly describe Kim Davis' situation? In fact, she isn't even opposing a lawn per se. She's opposing one ruling from SCOTUS that government is implementing as a wide-ranging law.

25 posted on 09/05/2015 8:00:23 PM PDT by PGR88
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To: NoLibZone
I don't see the similarity between the two cases either. Sanctuary cities, and their mayors, are harboring criminals, and are acting in defiance of their sworn duty to protect America, and the Constitution. Kim Davis is standing up for the Constitution and her First Amendment rights.

More importantly, she is standing up as someone who supports the Word of God, and Jesus as Lord.

26 posted on 09/05/2015 8:01:45 PM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: NoLibZone

There is no law, simply an opinion by five justices who do not make law.


28 posted on 09/05/2015 8:32:22 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: NoLibZone

Is it legally different from our Attorney General refusing to defend our duly passed propositions? It was their sworn duty to defend our illegal aliens prop, and our no homo marriage prop, and they refused.

No one seemed to mind.


29 posted on 09/05/2015 8:34:50 PM PDT by Persevero (NUTS)
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To: NoLibZone

What Federal law is Kim defying? Certainly not any federal marriage law passed by congress. She’s in jail for contempt of court. Judges can jail you for contempt if they don’t like your tie.


30 posted on 09/05/2015 9:00:45 PM PDT by Captain Compassion
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To: NoLibZone

Ya, it is different.

Nothing Kim Davis has done has gotten people brutalized, raped and/or killed.

Moron.


33 posted on 09/06/2015 1:48:56 AM PDT by DB
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To: NoLibZone
The Constitution establishes that federal law is supreme. But it is also well-established that the federal government may not “commandeer” state and local governments to implement federal law.

Amusing reasoning, especially when the black-robed thug is trying to commandeer the local County Clerk to implement a federal demand that jurisdictions pretend gay "marriage" has something to do with real marriage. These people don't even care about sounding objective; they just demand absolute obedience to Big Government. Liberals and their journalists disgust me.

34 posted on 09/06/2015 5:54:47 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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