The Defense of Marriage Act does not violate the constitutional rights of same-sex married couples or their survivors and is a constitutional exercise of authority by Congress, according to the U.S. Department of Justice in its brief to the 1st Circuit in a federal challenge to DOMA. Last July, a Massachusetts district court judge ruled in a pair of cases that DOMA infringed on powers reserved to the states under the federal Constitution and that the denial of federal benefits to legally married same-sex couples violates their equal protection rights.
Recently, the Republican-controlled House of Representatives enacted a new rule that requires all federal lawmakers, when introducing a new piece of legislation, to cite the specific "power or powers granted to Congress in the U.S. Constitution to enact the bill." We applaud the new leadership for ensuring greater adherence to our nation's founding charter. We are especially hopeful that this renewed commitment to constitutional principles will halt the growing federalization of crime. In Federalist 45, James Madison said that criminal justice - which he referred to as "the internal order .. of the state" - was among "the powers reserved to the several states" Similarly, Alexander Hamilton wrote in Federalist 17, "There is one transcendent advantage belonging to the province of the Stat...
... that, by enacting it, Congressexceeded its powers under the Constitution, thus intruding upon the so... as an infringementupon the powers reserved to the States. Having concludedthat petitioner do...
The federal law recognizing only heterosexual marriages infringes on powers reserved to the states under the U.S. Constitution, a U.S. District Court in Massachusetts has ruled in granting summary judgment. Massachusetts recognizes same-sex marriages.
ASK 10 AMERICANS to choose their favorite constitutional amendment, and you'd get a wide range of answers. Limited-government conservatives - there are a few of us left - might point to the Tenth. If powers aren't granted to the federal government, they're reserved for the states. Libertarians might opt for the Fourth or Fifth, protecting private property and guaranteeing due process. Many liberals would head straight for the First. Free speech is, after all, the foundation of the democratic process.
Ending speculation, the federal government filed a notice indicating that it plans to appeal successful challenges to the Defense of Marriage Act in federal court in Massachusetts. In July, U.S. District Court Judge Joseph L. Tauro ruled in a pair of cases that DOMA infringes on powers reserved to the states under the U.S. Constitution, and that the denial of federal benefits to legally married same-sex couples violates their equal protection rights.
I totally agree with Henry Todd ("Let states decide marriage," Readers' Forum, Aug. 9) wherein he stated, "The residents of the sovereign state of California are completely free to define marriage any way they wish." As Madison stated in Federalist Paper No. 45, "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; ... The powers reserved to the several states will extend to all the objects which, ... concern the lives, liberties and properties of the people, and the internal order, improvement, and prosperity of the State. Hamilton, in Federalist Paper ...
T he Obama presidency has been disastrous on so many levels. From high unemployment to rising energy prices to an appeasing foreign policy, this administration has exhibited a multitude of failures. Yet, if we're to talk about the lack of forward vision that keeps us in this economic recession, look no further than Obamacare. Of all legislation developed from the president's left-wing ideology, Obamacare is the defining policy of his first, and hopefully only, term. As we await the Supreme Court's decision on the individual mandate, I'm as concerned about the economic and religious freedom ramifications as I am about the individual mandate. Don't get me wrong: I firmly believe the individual mandate is an undeniable infringement on our constitutional rights. Our Founding Fathers devised...
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ORLANDO, Fla., Oct. 4 /PRNewswire-USNewswire/ -- The Tenth Amendment Center is celebrating the 10th Amendment with a conference and rally on what they call "the historic date" of 10-10-10 in Orlando, FL. The event, the second stop of their national Nullify Now! tour, will focus on how states can exercise their constitutionally reserved powers to stop what are considered to be unconstitutional laws, regulations and mandates from the Federal government. The states don't have to obey unconstitutional federal laws," said Michael Boldin, executive director of the Center. "And that means, for example, no national health care mandates, no department of education, no bank bailouts, and even no federal marriage or marijuana laws.
Today's 223rd anniversary of the promulgation of the U.S. Constitution occurs as Americans increasingly insist the federal government honor constitutional limits on federal power. The backlash against overweening government is boiling over in the Tea Party movement, town-hall meetings, demonstrations on the National Mall and in polling data. The terms of the Constitution originally were clear. Section 8 of Article I enumerates the exact powers the federal government, through Congress, can exercise - and, by doing so, excludes all other powers. As James Madison, the chief conceptualizer of the Constitution, wrote in Federalist 39, "the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several states a...
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