Tag Archives: Marriage is a contract between 2 people and the state defined by the states

US Supreme Court US courts fail in their duty, Same sex couple ruling exceeds bounds of federal government, Marriage is a contract between 2 people and the state defined by the states, Chief Justice John Roberts finally makes legal sense, No basis in the Constitution

US Supreme Court US courts fail in their duty, Same sex couple ruling exceeds bounds of federal government, Marriage is a contract between 2 people and the state defined by the states, Chief Justice John Roberts finally makes legal sense, No basis in the Constitution

“The government of the United States is of the latter description. The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be pruledassed by those intended to be restrained? The distinction, between a government with limited and unlimited powers, is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.

Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.”
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.

If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.”
“The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

 

Chief Justice John Roberts of the US Supreme Court and courts in general have failed to do their duty.

Roberts has acted irrationally in his opinions regarding Obamacare.

Our courts have failed to do their duty in regard to clarifying what natural born citizen means and the eligibility of Barack Obama to occupy the White House.

I was however pleased to see Justice Roberts step up to the plate with his dissent on the same sex marriage ruling.

When I heard the SCOTUS opinion I thought to myself how absurd.

A marriage contract is between 2 people and the state they get married in and the federal government has no damn business meddling in this.

“CHIEF JUSTICE ROBERTS, with whom JUSTICE SCALIA and JUSTICE THOMAS join, dissenting. Petitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the
past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex. But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. 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 judgment.” The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered). 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. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition. Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept.
The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent. The majority expressly disclaims judicial “caution” and omits even a pretense of humility, openly relying on its desire to remake society according to its own “new insight” into the “nature of injustice.” Ante, at 11, 23. As a result, the Court invalidates the marriage laws of more than half the States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs. Just who do we think we are? It can be tempting for judges to confuse our own preferences with the requirements of the law. But as this Court has been reminded throughout our history, the Constitution “is made for people of fundamentally differing views.” Lochner v. New York, 198 U. S. 45, 76 (1905) (Holmes, J., dissenting). Accordingly, “courts are not concerned with the wisdom or policy of legislation.” Id., at 69 (Harlan, J., dissenting). The majority today neglects that restrained conception of the judicial role. It seizes for itself a question the Constitution leaves to the people, at a time when the people are engaged in a vibrant debate on that question. And it answers that question based not on neutral principles of constitutional law, but on its own “understanding of what freedom is and must become.” Ante, at 19. I have no choice but to dissent. Understand well what this dissent is about: It is not about whether, in my judgment, the institution of marriage should be changed to include same-sex couples. It is instead about whether, in our democratic republic, that decision should rest with the people acting through their elected representatives, or with five lawyers who happen to hold commissions authorizing them to resolve legal disputes according to law. The Constitution leaves no doubt about the answer.
Petitioners and their amici base their arguments on the “right to marry” and the imperative of “marriage equality.” There is no serious dispute that, under our precedents, the Constitution protects a right to marry and requires States to apply their marriage laws equally. The real question in these cases is what constitutes “marriage,” or—more precisely—who decides what constitutes “marriage”? The majority largely ignores these questions, relegating ages of human experience with marriage to a paragraph or two. Even if history and precedent are not “the end” of these cases, ante, at 4, I would not “sweep away what has so long been settled” without showing greater respect for all that preceded us. Town of Greece v. Galloway, 572 U. S. ___, ___ (2014) (slip op., at 8). “

From the Center for Immigration Studies June 23, 2015.

“The Supreme Court recently issued a decision in an immigration-related case Kerry, Secretary of State, et al. v. Din. The decision reaffirms that although people have the right to marry anyone they like, if the spouse is a foreigner, he or she has no intrinsic right to enter the United States when excludable under any of the grounds laid out by law.

To people like myself, it is one of the rare victories these days in an increasingly beleaguered national immigration system under peril from open borders advocates who persistently push the boundaries of sovereignty and common sense.”

“Despite the salutary outcome, there are several disturbing things about this case that merit mentioning:

  • First, of course, is that the 9-CCA ruled as it did. One sometimes wonders whether they ought to be impeached, en banc. Perhaps they could take up residence as appellate court judges somewhere else more appropriate to their extreme views? Like Venezuela.
  • Next, is that four of the nine Supreme Court justices also held that Din’s rights had been infringed because of her husband’s visa denial, and that she was somehow entitled to additional due process review because of it. Imagine the loophole that would have been caused but for one slim vote. Terrorists, narcotraffickers, and sundry other villains would be lining up to join the marriage fraud queue so that their spouses could avail themselves of their “constitutional right” to live in the United States with them.
  • Then there is the curious case of Din herself. She came to the United States as a refugee from Afghanistan in 2000 when the Taliban was in the full glory of its power, sheltering the likes of Osama bin Laden and conducting public maimings, stonings, and executions under Sharia law at the main soccer stadium in Kabul. But where did she find her husband? In Afghanistan, where she traveled in 2006. And whom did he work for? The Taliban, from whom she presumably sought refuge. Did none of this seem curious or anomalous to the folks at USCIS — the ones who had granted her the refugee status in the first place, who were adjudicating her petition for her spouse, and who could have, who should have, taken a second look at whether her refugee application was fraudulent instead of proceeding to naturalize her? Nah, apparently not.

Kind of disturbing to think that USCIS and courts like the Ninth Circuit are the thin line protecting us from terrorists seeking benefits to live in the United States.

http://www.cis.org/cadman/supreme-court-provides-win-sovereignty-security-and-common-sense

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