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Tag: Tenth Amendment
By JGillman, Section News
At least ONE state official recognizes the danger of an activist high court.
In the decision striking down Certain DOMA sections, the court implied much but fell short of 'legalizing' same sex couplings as 'marriage' nationwide. They cannot, and even as twisted as the court has become, the 'Overton Window' of sorts is not yet aligned with the court bringing outright infringements upon the states. (though Roberts came close with O-Care) However, the court DID refuse to hear the case regarding prop 8 in California, a move that signals to activists nationwide that same-sex bans need only make it to the nearest capitulating federal judge.
That judge can then override the will of the people in a state, and force a perverse application of reality on that state's citizens. And the high court will look the other way.
Attorney General Bill Schuette sees the writing on the wall and has responded:
As you may know, the Michigan Constitution defines marriage as the union of one man and one woman (Article 1, Section 25). This was placed in the constitution after being passed by the voters with 58% of the vote. And this language still stands in Michigan, unaltered by the United States Supreme Court's rulings yesterday.And we need more like you Mr AG.
And as an aside? The Supreme Court Of The United States can take their "standing" rule and shove it where the appendix begins.
We ALL have standing when the laziness of case law is the norm.
(2 comments) Comments >>
By Kevin Rex Heine, Section News
I think that, prior to last weekend, most everyone reasonable was expecting that the Supreme Court was going to rule both the Individual Mandate and the Medicaid Expansion of the Patient Protection and Affordable Care Act an unconstitutional overreach of Congress' enumerated powers, specifically with regard to the Commerce Clause, the Necessary and Proper Clause, and perhaps even the Tenth Amendment. The only question would then become whether or not severability (or lack thereof) would give SCOTUS the necessary leverage to send Barry Obama's "signature achievement" down in flames. (That latter result seems to have been clearly anticipated by Speaker Boehner's "don't spike the ball" memo from 21 June.) But then, at around 10:07 a.m., on 28 June 2012, . . . well, we'll get to that.
To say that in the immediate aftermath opinions have varied as to what, exactly, John G. Roberts, jr., 17th Chief Justice of the United States, was thinking when he sided with the four hardcore liberals on the court in upholding the individual mandate (albeit as a tax) is probably an understatement. Yes, I absolutely agree with those who hold that Chief Roberts should have sided with the other four conservative associates (Scalia, Kennedy, Thomas, and Alito) and eviscerated BHO's signature achievement, thus officially rendering his first year in office a complete waste of time. However, having taken the time to dissect the opinion as best as my non-legal expertise will provide, I'm rather inclined to believe that Chief Roberts is a masterful chess player, at least politically. As to why I think that way . . . well, let's go below the fold and discuss that.
In advance, I should probably warn you that this is going to get a bit lengthy, so you might find a fresh pot of coffee useful. This also may require more than one read-through, for the same reason.
(8 comments, 9076 words in story) Full Story
By Wendy Day, Section News
Politicians love to stand beside 10th amendment resolutions declaring state sovereignty and smile, especially if the resolutions don't cost them anything politically. But there are a few resolutions floating around Lansing that have risen to the surface as having real potential for Michigan Tea Party Patriots to rally behind. These could have a significant impact on the future of our state. The time has come for State action in the health care debate.
Common Sense in Government is working with the great Tea Party groups around the state to plan rallies to educate people about these resolutions and how a Michigan constitutional amendment could protect us from the draconian federal health care plan. We need our State Legislators to step up and stand with We the People.
(363 words in story) Full Story
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