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To: Lurking Libertarian

The states specifically granted powers long ago to tax incomes and raise armies to the federal government.

They granted no power to define marriage.


31 posted on 08/19/2009 3:35:44 PM PDT by Jacquerie (We live in a judicial tyranny - Mark Levin)
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To: Jacquerie
They granted no power to define marriage.

No, but they granted the federal government the power to enforce the Equal Protection Clause. That clause was used to strike down the marriage laws of numerous states in Loving v. Virginia (1967) (striking down anti-miscegenation statutes).

I am not saying that Prop. 8 is unconstitutional. But your original argument-- that federal courts have no power to review state constitutions-- is simply wrong.

33 posted on 08/19/2009 3:50:39 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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