“The Way I See It’ is an attempt by the columnist to enlighten readers on a subject as he views it, and does not necessarily reflect the views of this publication.
Rule of Law & A Constitutional Crisis
A Federal Judge David Bunning, son of former Kentucky Senator Jim Bunning, put Kim Davis, a County Clerk in Kentucky, in jail for “Contempt” on 9/3/15 because she refused to sign and issue Marriage Licenses for “gay couples” to marry. (Mrs. Davis was released 9/8/15 by same judge.)
He feels empowered to do this because the Supreme Court (SCOTUS) has ruled that all states must allow homosexuals to “marry”. Actually, I think he was just having a snit-fit because he can’t force her compliance, or “fire” her. As an elected County Official, she can only be fired by the State legislature by impeachment and conviction. Judge Bunning and Mrs. Davis both have sworn an Oath of Office to hold their jobs, so who is holding true to their Oath?
There is no power delegated by the Constitution to the Federal Govt to regulate marriage. (Or abortion, or Heath Insurance either.) But the Tenth Amendment clearly states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
SCOTUS has tried to use the “catch-all-excuse” of the 14th Amendment, but there was no case of a State refusing to recognize a “gay marriage” from another State, or punishing “Gays” under local Sodomy Laws.* Also 2 Justices, Ginsberg and Kagan, had previously performed “Gay Marriages”, so were obviously invested in a pro-Gay Marriage decision. They were REQUIRED by Federal Law to recuse themselves from the decision, but refused to do so. Justice Sotomayor has been video-taped bragging about being an ‘activist judge’ and ‘making policy’. This is a clear and gross violation of the Separation of Powers stipulated in the Constitution. Their decision was based on Liberal/Progressive/Socialist policy not on Constitutional Law and is another gross usurpation of powers from the States to the Federal Govt under a highly politicized administration that has consistently ignored, and often violated Federal and Constitutional Law. These are impeachable offenses.
Judge Bunning swore an Oath to uphold the Constitution. Mrs. Davis swore an Oath to uphold the US Constitution, the Kentucky Constitution, and the laws of Kentucky. Kentucky voters refused a Gay Marriage Law by over 70% against. Kentucky law states marriage is between one man and one woman. Mrs. Davis is also a professed Christian and stands by the traditional Judeo-Christian definition of marriage. So who is really upholding their Oath and real Law? Federal Judges, including SCOTUS Justices “shall hold their Office during good Behavior”, but overturning Established Law like the Defense of Marriage Act on some flimsy, made-up misinterpretation of the 14th Amend. is NOT “good Behavior”. It is Congress’s responsibility to “make Law”, not Federal Courts! Several States have lawfully passed laws against gay marriage, the US Congress has not passed any law to ‘legalize’ gay marriage, so it is not Constitutional for SCOTUS to change the Laws and thousands of years of religious tradition to suit a radical leftist pro-homosexual whim!
I support ‘Civil Unions’ for gays and others, especially in this litigious society and anti-Constitutional politicization of govt at all levels. I don’t support the “oppression” of homosexuals, but I’m tired of radical leftist militant homosexuals ‘oppressing’ everyone else with their demands. I suggest if a county or state doesn’t suit your “life-style”, go to another one that suits you better, quit trying to force acceptance and even support of your chosen behaviors on other people! Suing people that won’t bake you a cake or take your wedding pictures is not the way to gain acceptance. I don’t care about your “sexuality” as long as you don’t put it in the street and scare the horses, and it doesn’t raise my taxes, so just shut up about it. Then maybe all the contention will just go away. It is boring anyway. But if the militants keep picking at the scab, it may metastasize to the point that the cancer must be removed.
*Furthermore, Liberal Progressives have tried to use the 14th amendment for many things**, but conveniently ignore it to protect regular Citizens. If I wanted to drive my pick-up to Maine to go moose and bear hunting, I could be stopped and imprisoned in several Democrat run Yankee states merely for the possession of my legal firearms, even if stored in my truck and I had no intention of staying even overnight in that State. Even when traveling on a “Federal Highway”! That I am a combat veteran and hold a current Texas Concealed handgun License is of no value to those anti-Constitutional totalitarians. So SCOTUS, how’s that for, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”? Quit trying to stretch it to fit your “Agenda”, just “interpret” it as it was written and intended. Forget about pushing gay marriage, and make Interstate travel for law abiding gun owners safe from Socialist Totalitarians that hate the Constitution and those that support it! **Including the Anchor Baby Nonsense because they ignore the “…and subject to the jurisdiction thereof,” part.
MORE JUDICIAL INSANITY!
Aug. 24. The U.S. 7th Circuit Court of Appeals said even “undocumented immigrants” can be part of “the people” protected by the Bill of Rights. Even though this in conflict with Federal law that prohibits an “unauthorized immigrant,” to possess firearms or ammunition. (Actually a “Criminal Invader” with numerous brushes with Law Enforcement.) The prohibition also covers people in the U.S. on non-immigrant visas. http://www.jsonline.com/news/crime/unlawful-immigrants-can-have-gun-rights-appeals-court-rules-b99561826z1-322737461.html
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