Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: tpaine; billbears; 4ConservativeJustices
There's nothing we can do about activist judges legislating from the bench and rogue courts imposing their version of law and order on society?

Again! The grand illusion is that the Constitution is still in force! Wish I was wrong....=-(

2 posted on 02/25/2004 9:45:24 AM PST by Ff--150 (OutYourBellyLivingWaters)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Ff--150
Me too.. -- Damn shame the men we elect to protect & defend it do neither.

3 posted on 02/25/2004 9:48:17 AM PST by tpaine (I'm trying to be 'Mr Nice Guy', but the U.S. Constitution defines conservatism; - not the GOP. .)
[ Post Reply | Private Reply | To 2 | View Replies ]

To: Ff--150
Amen, Brother.
6 posted on 02/25/2004 10:21:02 AM PST by axxmann
[ Post Reply | Private Reply | To 2 | View Replies ]

To: Ff--150
What we need to do is come up with a way to get rid of these people who are single-handedly trying to destroy the culture of this country by taking the moral underpinnings of our law out from underneath the law

We used to have that option here in NC. It was called jail. Unfortunately the PC police have worn the state down so much that it's hardly even prosecuted anymore

7 posted on 02/25/2004 10:22:02 AM PST by billbears (Deo Vindice.)
[ Post Reply | Private Reply | To 2 | View Replies ]

To: Ff--150
"Again! The grand illusion is that the Constitution is still in force! Wish I was wrong...."

You might be.

After the ratification of the Constitution and the 10 amendments, known as the Bill of Rights, the jurisdiction of the U.S. Constitution within the boundaries of a sovereign state emanated primarily from Article I, Section 8, Cl 17 (To exercise exclusive legislation in all cases whatsoever...over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings)and Article IV, Section I (Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state.)

Otherwise, the states and the people had exclusive legislative jurisdiction within the boundaries of their state. (Amendment X)

That all change after the ratification of the Amendment XIV after the War of Northern Agression against the Southern States.

Amendment XIV, ultimately and in all practicality, severely diminished, denied, and disparaged the covenant of Amendment X and granted defacto jurisdiction of the entire U.S. Constitution within the boundaries of sovereign state.

Fast forward to today and the gay marriage question. Rush Limbaugh asks, why is a constitutional amendment needed to prevent gay marriage?

Because, gay marriage and for that matter, all "marriages" are a U.S. Constitution protected, "retained by the people," right. (See Amendment IX)

Amendment IX, now having jurisdiction within a sovereign state, coupled with Article IV and Amendment XIV of the U.S. Constitution, means there is no way any state or federal law could pass proper constitutional scrutiny. (A citizen has the "retained" right to marry the person of their choice (Amendment IX)and "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor to deny to any person within its jurisdiction the equal protection of the laws." Amendment VIX)

Massachussets has properly and legally exerted their 10th amendment right, thus Article IV (full faith and credit clause) is now in force and creating a legal and constitutonal federal issue.

California, on the otherhand, has not legally and constitutionally dealt with this issue properly within their state boundaries and thus Article IV will not bind the other states to the rogue behavior of the San Francisco mayor and local judges.

So it appears that both the states and federal constitutions are actively in play concerning this issue of gay marriage.

19 posted on 02/25/2004 10:50:43 AM PST by tahiti
[ Post Reply | Private Reply | To 2 | View Replies ]

To: Ff--150
Again! The grand illusion is that the Constitution is still in force! Wish I was wrong....=-(

I wish you were wrong too ;o) How sad that elected officials flout their law-breaking, and no one has the guts to enforce the laws - they're too chicken to possibly offend their constituents. Tossing aside the dim bastions of NY City, LA, Hollyweird, SF, Atlanta, Chicago, Milwaukee, Washington DC etc, that would leave about vast majority of the constituents (flyover country) that would side with the enforcement.

26 posted on 02/25/2004 10:58:17 AM PST by 4CJ (||) OUR sins put Him on that cross - HIS love for us kept Him there. (||)
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson