No matter how you cut it, the 9th and 10th Amendments clearly underscore that all powers/authority not granted to the feds or specifically prohibited to the States are vested solely in the States. Same-sex marriage is not an inherent right or a statutory right and is not protected by the 14th's equal protection clause; by original design, defining marriage falls within the exclusive authority of the States. It's really that straightforward. In any event, the Supreme Court has absolutely no constitutional sway in such a matter. None.
For the federal gov't to define marriage, the Constitution would need to be amended so that this authority is included in Art I Sec 8 of the Constitution. With Obergefell, the constitutional options left open to the States/People are civil disobedience, state nullification or pressing for a reversal of the Obergefell "ruling".
The Supreme Court is empowered to review legislation and to opine if that
legislation fully comports with the clear meaning of the Constitution.
In so doing, the court is enjoined to exercise legal JUDGEMENT--not
personal WILL, as this court clearly did in the Obergefell "ruling".
Per Chief Justice Roberts, "Whether same-sex marriage is a good idea should
be of no concern to [the court]. Under the Constitution, judges have
power to say what the law is, NOT what it should be. The people who
ratified the Constitution authorized courts to exercise 'neither force
nor will but merely judgement. The truth is that today's decision rests
on nothing more than the majority's own conviction that same-sex couple
should be allowed to marry because they want to, and that 'it would
disparage their choices and diminish their personhood to deny them this
right. Whatever force that belief may have as a matter of moral
philosophy, it has no more basis in the Constitution than did the naked
policy preferences adopted in Lochner. 2. Although the policy arguments
for extending marriage to same-sex couples may be compelling, the legal
arguments for requiring such an extension are not. The fundamental
right to marry does not include a right to make a State change its
definition of marriage. And a State's decision to maintain the meaning
of marriage that has persisted in every culture throughout human history
can hardly be called irrational. 3. The majority's decision is an act
of WILL, not legal JUDGEMENT. The right it announces has no basis in
the Constitution or this Court's precedent.The Constitution itself says
nothing about marriage, and the Framers thereby entrusted the States
with 'the whole subject of the domestic relations of husband and wife.' "
He went on to warn that this errant/gratuitous ruling will inevitably
lead to the lawful efficacy of plural unions since such unions, unlike
same-sex unions, have deep roots in some cultures. Thus, the doctrine of
"equal protection" is inapplicable since same-sex marriage is not a
constitutional right. The court clearly overreached its constitutional
authority by its inovativeness vs faithfulness to the Constitution..
The problem for me is that I see no evidence that the "right" of marriage, gay, polygamous, heterosexual, is defined either positively or negatively as a specific right in the Constitution. For the Founders,this as alluded to by Hamilton in Federalist #78, the well-established mountain of cultural tradition and biblical foundational precepts rendered the need to codify the institution of traditional marriage unnecessary. The right was a cultural given. Thus, since there is not an expressed right to marriage of any kind in the Constitution, in Obergefell the justices relied on personal will to grant/legalize, out of whole cloth, the right to gay marriage. Also, inherent rights as borne out by firmly establish cultural traditions/norms don't require reliance on "equal protection" safeguards since such rights are inherent. Too, the Court may not GRANT rights not expressed. Read #78 and see if you derive the same understanding.
The problem for me is that I see no evidence that the "right" of marriage, gay, polygamous, heterosexual, is defined either positively or negatively as a specific right in the Constitution. For the Founders,this as alluded to by Hamilton in Federalist #78, the well-established mountain of cultural tradition and biblical foundational precepts rendered the need to codify the institution of traditional marriage unnecessary. The right was a cultural given. Thus, since there is not an expressed right to marriage of any kind in the Constitution, in Obergefell the justices relied on personal will to grant/legalize, out of whole cloth, the right to gay marriage. Also, inherent rights as borne out by firmly establish cultural traditions/norms don't require reliance on "equal protection" safeguards since such rights are inherent. Too, the Court may not GRANT rights not expressed. Read #78 and see if you derive the same understanding.
Many believed that the republic, as originally designed,
wouldn't last beyond the first quarter of the 19th century. And to the
extent that errant case law has all but nullified the original
Constitution, they were right. Constitutional Supremacy long ago gave
way to Judicial Supremacy, and that has pretty much sealed our sorry
fate as a constitutional republic. That said, we must persevere and
restore constitutional order as best we can. The alternative is too dark
to contemplate.
Huckabee on Court Clerk: 'The Only Law She's Following Is Kentucky Law'
The role of the courts is not to "let the
states do whatever they want", nor is it to arrogate undelegated powers
unto themselves or to the other branches of the federal government. Read Art 1 Sec 8, Art 3,
and then the 10th Amendment and the Supremacy Clause. Plain as day what
the framers had in mind.
The real point here is that SCOTUS cannot make law; it can only opine as to what they understand the original meaning and intent of the Constitution to be--great challenge they continue to dodge. They are demonstrably fallible human jurists. Nothing more. Why so many of us treat them as omniscient deities is mind-numbing and self-destructive. Doing so certainly does not reflect their purpose as defined by our Founders. They've become a law unto themselves, and by our routine compliance we are digging our republic's grave.
Loving
v Virginia banned the prohibition of interracial marriages. It did
NOT--and could not--provide that the institution of marriage is/was a
fundamental constitutional "right". Note: Case law "rulings" are not law
if in violation of the Constitution. No fundamental right to marriage is stated or implied.
GOP: Clinton must turn over server
It's so flaming obvious that Hillary has deleted or otherwise hidden
sensitive emails of interest to the American public. Betcha' she gets
away with it too. They're all self-serving elitist thugs !!!! The law applies to the unwashed masses, not the political elite.
House chaos leaves GOP senators fuming
McConnell and McCain, if you're unwilling to fight for the
Constitution, you are unfit for leadership, no less than is the
Thug-in-Chief currently squatting in the White House.
Senate Republicans eye new strategy in immigration fight
The solution is painfully obvious: abandon the fillibuster rule until a more trustworthy chief executive is sworn in 2017.
Clarence Thomas: 'Another Example of This Court’s Increasingly Cavalier Attitude Toward the States
Marriage--vs civil union-- is NOT a legal relationship, only insofar as it may generate income for the gov't by gov'ts insinuating itself into marriage. Marriage is more a spiritual, religious act, quite apart from a legal act. To generate income, gov't has involved itself in marriage for the express purpose of collections
ET TU, NAPOLITANO?