The U.S. Constitution gives no jurisdiction whatsoever to any branch of the federal government to dictate marriage policy to the states. That's the argument Roy Moore is making – and he's on solid constitutional grounds in doing so.
Chief Justice Roy Moore of the Alabama Supreme Court has taken a stand against judicial tyranny on the matter of natural marriage. And strikingly and importantly, he has called on the governor of Alabama to do the same.
Last Friday, another judicial activist, U.S. District Judge Callie Granade, overturned Alabama's marriage amendment, which was passed in 2006 by a staggering 81 percent of voters. (The judge has stayed her own ruling for two weeks.)
Justice Moore says he will not recognize the federal court ruling, and he is calling on Gov. Robert Bentley to do the same. And the beauty of it is that he is doing it all on solid constitutional grounds.
In Justice Moore's letter to the governor (which you can read here) he states the constitutional and legal facts plainly and correctly. The Constitution, he says bluntly, gives no jurisdiction whatsoever to any branch of the federal government to dictate marriage policy to the states.
"As you know," Judge Moore wrote, "nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage." This, of course, is manifestly true.
The authority to dictate marriage policy to the states is conspicuously absent from the list of powers "We the People" granted to the central government in Article I, Section 8.
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My Pipe Dream: Judge Moore appointed to the SCOTUS, which could happen if a true conservative ever lives in the White House again.
ReplyDeleteKagan and Ginsberg have both presided over "wedding" ceremonies of homosexuals. I think that should be grounds enough for recusing themselves from this whole issue. Yeah, right!
http://www.bizpacreview.com/2015/01/19/demands-begin-for-ginsburg-kagan-to-recuse-themselves-from-gay-marriage-case-173770
Yeah, right!
Delete:) Thanks.
We need more judges like this guy...
ReplyDeleteShore' do!
Delete