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Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings

 
Joe Camel

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09/04/2015 09:30 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Catholic church spends almost 700 million dollars covering up pedophile priests and you people are bitching about gay people getting married, I would say you are all sad pathetic sacks of shit that hopefully will die off as your religion does. by the way it doesn't matter old testament new testament they are the the same book and the same bullshit religion you don't get to pick and choose what one to believe they are both part of the same religion you cant have one without the other so you keep practicing your belief that women are inferior, killing, torturing, rape, murder, genocide, infanticide, and all the other fucked up shit in the bible says is completely ok but gay people trying to be happy is wrong.
 Quoting: Anonymous Coward 69722240
.

Homosexuals infiltrated the Catholic church.

And stop calling them "gay." The term is Homosexuals.

.
-

Even if you don't take an interest in Politics,
eventually Politics is going to take an interest in you.


_
Anonymous Coward
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09/04/2015 09:31 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
I don't support gay marriage at all and I don't think SCOTUS has any jurisdiction over marriage, BUT, I don't think this woman should be allowed to do whatever she wants. What if she didn't think blacks & whites should marry and she used the Bible (as people used to) to justify that? We can't allow clerks to make up the laws. She should resign.
 Quoting: mehitable 63830259


You are forgetting one thing. Interracial marriage is still marriage. This gay stuff isn't. Because it can't be done without redefining the word marriage. And those laws in the bible were for the tribe of Israel. Homosexuality is also mentioned in the New Testament and it is called an abomination. The abomination of desolation (no offspring)standing in the holy place (alter). It's pretty dang serious. Time is pretty short now.
Anonymous Coward
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
I don't support gay marriage at all and I don't think SCOTUS has any jurisdiction over marriage, BUT, I don't think this woman should be allowed to do whatever she wants. What if she didn't think blacks & whites should marry and she used the Bible (as people used to) to justify that? We can't allow clerks to make up the laws. She should resign.
 Quoting: mehitable 63830259


It is simply fatuous to bring up the scenario that she might decide to "do whatever she wants". She is an ELECTED official, so if she did anything the people of her county did not back up, they would vote her out or impeach her.

That is the solution. Local control.

She wasn't making up any law. She was following KY law. And she was performing civil disobedience against the nullification of KY law by SCOTUS. If the population of her county wanted to back her up in civil disobedience, then the Fed Judges would have to send Marshals to arrest the whole damn county. But instead they arrested the representative of the county, the elected clerk. A big F-YOU to the people of Kentucky, claiming that they were denying the homos a "right" protected by the US constitution, which is complete BS.
Anonymous Coward
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09/04/2015 09:32 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Full retard on this website tonight, lol.

"U.S. Supreme Court rulings aren't law."

What do you think they are you dolts, loose suggestions?

Hahahahaha
 Quoting: Anonymous Coward 70065481

In 1996, President Clinton signed into law the Defense of Marriage Act (DOMA), which, for federal purposes, defined marriage as "only a legal union between one man and one woman as husband and wife"


The federal defense of marriage act was voted into law by congress and the senate and approve by the president. This LAW says that marriage is between a man and woman.

How can congress, the senate and the president be over turned by the Supreme Court? I guess balance of powers doesn't really exist if one branch can completely undo what the other branches and the vast majority of people want.

So I say we vote on it. Get ready for gay marriage to get shot down by an overwhelming percent of the population....
 Quoting: Anonymous Coward 49933329


To answer your question, the Supreme Court can invalidate a law but Congress can create and the President can sign a new law overruling the Supreme Court's decision and reinstating the previous law. In theory, it could just keep going back and forth like that ad infinitum, hence the "balance of powers."

So yes, they could create an amendment to the Constitution or a new federal law overturning the Supreme Court decision, but I just don't think there's popular support for neither in Congress nor amongst the public.
 Quoting: Anonymous Coward 70065481


Not popular support? California, as liberal as it is voted to ban gay marriage. Iowa courts implemented gay marriage and the next vote all those judges were voted out by the people.

Not popular support.... If put to the people of this country gay marriage would not exist.
 Quoting: Anonymous Coward 49933329


That was 15 years ago in 2000 and opinion has changed considerably since then. Polling data shows majority support for gay marriage, so no there is no likelihood Congress could or would support a bill overturning the SCOTUS ruling.
IDW
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09/04/2015 09:32 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Full retard on this website tonight, lol.

"U.S. Supreme Court rulings aren't law."

What do you think they are you dolts, loose suggestions?

Hahahahaha
 Quoting: Anonymous Coward 70065481

In 1996, President Clinton signed into law the Defense of Marriage Act (DOMA), which, for federal purposes, defined marriage as "only a legal union between one man and one woman as husband and wife"


The federal defense of marriage act was voted into law by congress and the senate and approve by the president. This LAW says that marriage is between a man and woman.

How can congress, the senate and the president be over turned by the Supreme Court? I guess balance of powers doesn't really exist if one branch can completely undo what the other branches and the vast majority of people want.

So I say we vote on it. Get ready for gay marriage to get shot down by an overwhelming percent of the population....
 Quoting: Anonymous Coward 49933329


To answer your question, the Supreme Court can invalidate a law but Congress can create and the President can sign a new law overruling the Supreme Court's decision and reinstating the previous law. In theory, it could just keep going back and forth like that ad infinitum, hence the "balance of powers."

So yes, they could create an amendment to the Constitution or a new federal law overturning the Supreme Court decision, but I just don't think there's popular support for neither in Congress nor amongst the public.
 Quoting: Anonymous Coward 70065481


Not popular support? California, as liberal as it is voted to ban gay marriage. Iowa courts implemented gay marriage and the next vote all those judges were voted out by the people.

Not popular support.... If put to the people of this country gay marriage would not exist.
 Quoting: Anonymous Coward 49933329


Bingo! And don't believe the fucking 'polls",they are pure bullshit used to create the impression there is more support for something than there is.In every case where it has been put up for a vote in a referendum it has been defeated,even in California

Every media poll including and especially Gallup is social engneering scam/
IDW
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09/04/2015 09:34 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
...

In 1996, President Clinton signed into law the Defense of Marriage Act (DOMA), which, for federal purposes, defined marriage as "only a legal union between one man and one woman as husband and wife"


The federal defense of marriage act was voted into law by congress and the senate and approve by the president. This LAW says that marriage is between a man and woman.

How can congress, the senate and the president be over turned by the Supreme Court? I guess balance of powers doesn't really exist if one branch can completely undo what the other branches and the vast majority of people want.

So I say we vote on it. Get ready for gay marriage to get shot down by an overwhelming percent of the population....
 Quoting: Anonymous Coward 49933329


To answer your question, the Supreme Court can invalidate a law but Congress can create and the President can sign a new law overruling the Supreme Court's decision and reinstating the previous law. In theory, it could just keep going back and forth like that ad infinitum, hence the "balance of powers."

So yes, they could create an amendment to the Constitution or a new federal law overturning the Supreme Court decision, but I just don't think there's popular support for neither in Congress nor amongst the public.
 Quoting: Anonymous Coward 70065481


Not popular support? California, as liberal as it is voted to ban gay marriage. Iowa courts implemented gay marriage and the next vote all those judges were voted out by the people.

Not popular support.... If put to the people of this country gay marriage would not exist.
 Quoting: Anonymous Coward 49933329


That was 15 years ago in 2000 and opinion has changed considerably since then. Polling data shows majority support for gay marriage, so no there is no likelihood Congress could or would support a bill overturning the SCOTUS ruling.
 Quoting: Anonymous Coward 70065481


POLLS ARE BULLSHIT. Whoever is counting the votes will always "count" them to support whatever they want them to.Common fuckign sense
Anonymous Coward
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09/04/2015 09:35 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
I respect Kim Davis for not compromising her moral beliefs.

Trump is right again.
 Quoting: fromthefuture


We'll see how long she sits contemplating loss of paycheck, loss of health benefits and loss of pension.

On the path to truth, one often steps in shit!
 Quoting: Anonymous Coward 48040603


Kim Davis is a complete idiot for doing this. If you want to stand for a cause, don't do it with your job FFS! Trump or any other boss would come along and say "you're fired!" and rightly so!
 Quoting: Anonymous Coward 70250073


Her only mistake was claiming religious objections. if she had claimed conscious morality objection, she couldn't have been jailed. This is the one way draft dodgers succeeded in avoiding the draft without being prosecuted, by claiming a moral objection to warfare.
 Quoting: IDW 2447206


The thing is, if she feels this way she should resign because she is not performing the duties of her job. It's cut and dry. If she wants to make a point then fine, but take it elsewhere to another venue.
Anonymous Coward
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09/04/2015 09:35 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
The Supreme Court made this recent decision on gay marriage contrary to the authority given them by "Congressional Mandate" in USC title 1 Section 7 Definition of "marriage" and "spouse"

"In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife."

It was determined by Congress that any Act, Ruling, regulation or interpretation would fall with in the codified definition.

She is actually upholding the law, and it is the Supreme Court that is wrong.
 Quoting: Ozark Granny

clappa
Anonymous Coward
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09/04/2015 09:36 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
I respect Kim Davis for not compromising her moral beliefs.

Trump is right again.
 Quoting: fromthefuture


We'll see how long she sits contemplating loss of paycheck, loss of health benefits and loss of pension.

On the path to truth, one often steps in shit!
 Quoting: Anonymous Coward 48040603


Kim Davis is a complete idiot for doing this. If you want to stand for a cause, don't do it with your job FFS! Trump or any other boss would come along and say "you're fired!" and rightly so!
 Quoting: Anonymous Coward 70250073


Her only mistake was claiming religious objections. if she had claimed conscious morality objection, she couldn't have been jailed. This is the one way draft dodgers succeeded in avoiding the draft without being prosecuted, by claiming a moral objection to warfare.
 Quoting: IDW 2447206


No that's not it. Her mistake was bringing religion into government. She is part of the secular (non-religious) government, and a conscientious objector is a private individual. Once the conscientious objector enters the military and goes into combat, he cannot change his mind and decide to become a pacifist and refuse to fight. But as a private individual he can do that. A pastor as a private individual can refuse to marry a gay couple, but a government official cannot refuse to issue a gay couple a license to marry .
Anonymous Coward
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09/04/2015 09:37 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Oh looky! Cognitive Dissonance for GLP!

So, so cute.

smile_kiss
Anonymous Coward
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09/04/2015 09:37 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
...


To answer your question, the Supreme Court can invalidate a law but Congress can create and the President can sign a new law overruling the Supreme Court's decision and reinstating the previous law. In theory, it could just keep going back and forth like that ad infinitum, hence the "balance of powers."

So yes, they could create an amendment to the Constitution or a new federal law overturning the Supreme Court decision, but I just don't think there's popular support for neither in Congress nor amongst the public.
 Quoting: Anonymous Coward 70065481


Not popular support? California, as liberal as it is voted to ban gay marriage. Iowa courts implemented gay marriage and the next vote all those judges were voted out by the people.

Not popular support.... If put to the people of this country gay marriage would not exist.
 Quoting: Anonymous Coward 49933329


That was 15 years ago in 2000 and opinion has changed considerably since then. Polling data shows majority support for gay marriage, so no there is no likelihood Congress could or would support a bill overturning the SCOTUS ruling.
 Quoting: Anonymous Coward 70065481




POLLS ARE BULLSHIT. Whoever is counting the votes will always "count" them to support whatever they want them to.Common fuckign sense
 Quoting: IDW 2447206


Exactly! The polling data he is probably citing is the same polling data that says jeb is a front runner and Hillary has massive support....
Anonymous Coward
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09/04/2015 09:40 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
The major reason homosexuals want a piece of paper is for health benefits, survivorship, etc. It's all about money and blurting out they feel unequal. I'd say, it's just a feeling they won't heal with marriage. Give them the piece of paper, and they'll contribute to the financial economy, period.
Anonymous Coward
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09/04/2015 09:42 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Trump is right, she violated the Supremacy Clause of the U.S. Constitution by refusing to follow the ruling in Obergefell and issue the marriage licenses.

But this "religious freedom" argument is pretty half-baked when you get down to it. After all, there is no provision for divorce in the Christian faith. Does that mean a Christian clerk should be allowed to refuse issuance of a divorce decree? Of course not. A clerk's job is to faithfully uphold the laws of their jurisdiction, not refuse the execution of those laws according to their own faith. Simple as that.
 Quoting: Anonymous Coward 70065481


The Supreme Court ruling is not law and the Supreme Court does not make law.

The constitution was founded on states rights

Doesn't the state constitution of Kentucky define marriage as man and woman?

So not only is she upholding the state constitution but federal constitution defers to the states.

Any ruling of the federal government that over rules states rights, well, is not really valid.

Anyone saying she broke the law has thier head deeply embedded in thier own righteous ass.
 Quoting: Anonymous Coward 49933329


You have no clue what you're talking about.

Marbury v. Madison (1803): "It is emphatically the province and duty of the judicial department to say what the law is."

That law is still good and has not been overruled by legislation or otherwise.

The Supreme Court said the law is that state bans on same-sex marriages are unconstitutional in violation of the Due Process and Equal Protection Clauses of the 14th Amendment.

Again, you have no clue what you're talking about nor any idea of how your country's government is constituted.
 Quoting: Anonymous Coward 70065481


The Supreme Court was wrong. The Majority ruled according to their personal beliefs, and the minority dissent was according to actual Law. Therefore, since even the majority of SCOTUS is not considered INFALLIBLE, the States have remedy when they believe the SCOTUS has acted unlawfully.

They can IGNORE SCOTUS. And FIGHT for their RIGHTS, and the RIGHTS of their elected citizen officials to civilly disobey SCOTUS while they seek to overturn the decision by appealing to the branches of govt which can CHECK the SCOTUS.

In the meantime, the Federal Courts can TRY to hold a citizen from the State accountable for contempt, and perhaps should. But the County Sheriff needs to keep an eye on the situation and make sure the Feds law enforcement (marshals) do not punish civil disobedience in an unbalanced manner. Such as imprisoning a clerk for not issuing a license that has never been issued before. There is not significant injury (felony) to warrant imprisonment.

It is tyrannical insanity to imprison an elected official for not issuing a license for marriage privileges. Fed f*cking Goonery.
Anonymous Coward
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09/04/2015 09:52 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
The major reason homosexuals want a piece of paper is for health benefits, survivorship, etc. It's all about money and blurting out they feel unequal. I'd say, it's just a feeling they won't heal with marriage. Give them the piece of paper, and they'll contribute to the financial economy, period.
 Quoting: pool


There is a reason why society has chosen to give certain breaks and benefits (privileges if you will) to men and women who marry. It is to encourage the creation and perpetuation of nuclear families which are the backbone of a strong civilized community and thus nation. Most of the criteria regulating the attaining of a marriage license and the benefits resulting revolve around making it easy to procreate, to raise the children healthy, and enable them to have children, inherit the property and keep the dynastic legacy going.

This creates a strong nation and enables the nation to prosper and be able to defend itself better against opposition, or worse, invasion.

Homos can't procreate. They don't perpetuate dynastic legacies. Since time immemorial they have been a small margin, because that is the way life is. But, if they get a foothold to obtain a piece of the taxpayer pie meant for normal families, that takes away from the normal families, the backbone of the community. Which will weaken the society. This common sense is why 75% of Kentuckians voted NO GAY MARRIAGE LICENSES.

Homos can still create a marriage ceremony, live with one another and love one another, contract for equity in property and inheritance, without demanding perks meant strictly to strengthen families.
Anonymous Coward
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09/04/2015 09:59 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
The major reason homosexuals want a piece of paper is for health benefits, survivorship, etc. It's all about money and blurting out they feel unequal. I'd say, it's just a feeling they won't heal with marriage. Give them the piece of paper, and they'll contribute to the financial economy, period.
 Quoting: pool


If it was only that, then they would have been happy with that legal partnership solution. If they only wanted health benefits, survivorship, etc., they wouldn't be taking bakers, photographers and other people with moral objections to court and suing them. It's pretty dang obvious it is not about benefits and such, it is about shoving their third leg down our throats and making us like it or else. That's what it is about. A war on religious people. They can cry their fake tears all they want. We know who guides them and we know their objective.
Anonymous Coward
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09/04/2015 10:09 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Trump is right, she violated the Supremacy Clause of the U.S. Constitution by refusing to follow the ruling in Obergefell and issue the marriage licenses.

But this "religious freedom" argument is pretty half-baked when you get down to it. After all, there is no provision for divorce in the Christian faith. Does that mean a Christian clerk should be allowed to refuse issuance of a divorce decree? Of course not. A clerk's job is to faithfully uphold the laws of their jurisdiction, not refuse the execution of those laws according to their own faith. Simple as that.
 Quoting: Anonymous Coward 70065481


The Supreme Court ruling is not law and the Supreme Court does not make law.

The constitution was founded on states rights

Doesn't the state constitution of Kentucky define marriage as man and woman?

So not only is she upholding the state constitution but federal constitution defers to the states.

Any ruling of the federal government that over rules states rights, well, is not really valid.

Anyone saying she broke the law has thier head deeply embedded in thier own righteous ass.
 Quoting: Anonymous Coward 49933329


You have no clue what you're talking about.

Marbury v. Madison (1803): "It is emphatically the province and duty of the judicial department to say what the law is."

That law is still good and has not been overruled by legislation or otherwise.

The Supreme Court said the law is that state bans on same-sex marriages are unconstitutional in violation of the Due Process and Equal Protection Clauses of the 14th Amendment.

Again, you have no clue what you're talking about nor any idea of how your country's government is constituted.
 Quoting: Anonymous Coward 70065481


The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. In United States v. Sprague (1931) the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified."

States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby Lumber, 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.
 Quoting: Anonymous Coward 49933329


It's much less complicated than you're making it.

U.S. Supreme Court decisions are binding on the States and their Courts. They must follow those decisions according to the way federalism itself is created. States cannot be forced to implement a federal program, but the U.S Supreme Court has the power of independent judicial review through Marbury and its decisions are binding on all lower courts in the nation. That's what makes it "Supreme."

State courts must follow the decisions of the U.S. Supreme Court as they were similarly forced to do so during Brown v. Board of Education. It's simple, it's called federalism, and it's how this country had operated for a long time now. The Kentucky clerk is a clerk for a state jurisdiction which is similarly subject to following the decisions of the U.S. Supreme Court. There's nothing new going on here.
Anonymous Coward
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09/04/2015 10:16 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Donald Trump has split again from some of his Republican opponents – claiming that Kentucky clerk Kim Davis “violated the law of the land”.
The billionaire businessman and Apprentice boss is one of 17 Republicans running for the Presidential nomination – and though he started the race opposed to LGBT equality, has rapidly shifted on the issue since same-sex marriage became law in all 50 states.

[link to www.pinknews.co.uk]
 Quoting: Philligan
.


However, I would not call a SCOTUS ruling "the LAW of the land."

There's no LAW; it's a COURT RULING.


Further, the Homo argument is based upon the 14th Amendment.

Yet ... polygamy is illegal in the US. So much for "equal protection."


.
 Quoting: Joe Camel


That's right. SCOTUS can create law. That is not their job or their right. That right belongs to Congress and only congress.
Therefore, Davis did not break the law. She was actually following Kentucky law and her religious beliefs.


Good point on polygamy. I expect that will be the next issue deemed lawful. Then cousins and brothers and sisters will start marrying each other. Then the country will be full of inbreds. See what happens when you "re-define" words? How is the almighty and wise Scotus going to get those worms back in the can?
 Quoting: Anonymous Coward 69277575


It's true SCOTUS can't create law, but they can interpret laws, including the Constitution, as they apply to other policies/programs/laws/ordinances and decide whether certain programs are legal in view of certain laws, the Constitution, etc. Those decisions are "binding" on other courts, meaning that other courts have to follow them, thus effectively "creating" law other courts have to follow (state pro-slavery laws were made illegal, segregation was made illegal, state gay marriage bans were made illegal all as the result of SCOTUS decisions). Although yes, only Congress had the power to "legislate." Ultimately though, law is "created" through all 3 branches of gov.
Anonymous Coward
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09/04/2015 10:21 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
...


The Supreme Court ruling is not law and the Supreme Court does not make law.

The constitution was founded on states rights

Doesn't the state constitution of Kentucky define marriage as man and woman?

So not only is she upholding the state constitution but federal constitution defers to the states.

Any ruling of the federal government that over rules states rights, well, is not really valid.

Anyone saying she broke the law has thier head deeply embedded in thier own righteous ass.
 Quoting: Anonymous Coward 49933329


You have no clue what you're talking about.

Marbury v. Madison (1803): "It is emphatically the province and duty of the judicial department to say what the law is."

That law is still good and has not been overruled by legislation or otherwise.

The Supreme Court said the law is that state bans on same-sex marriages are unconstitutional in violation of the Due Process and Equal Protection Clauses of the 14th Amendment.

Again, you have no clue what you're talking about nor any idea of how your country's government is constituted.
 Quoting: Anonymous Coward 70065481


The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. In United States v. Sprague (1931) the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified."

States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby Lumber, 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.
 Quoting: Anonymous Coward 49933329


It's much less complicated than you're making it.

U.S. Supreme Court decisions are binding on the States and their Courts. They must follow those decisions according to the way federalism itself is created. States cannot be forced to implement a federal program, but the U.S Supreme Court has the power of independent judicial review through Marbury and its decisions are binding on all lower courts in the nation. That's what makes it "Supreme."

State courts must follow the decisions of the U.S. Supreme Court as they were similarly forced to do so during Brown v. Board of Education. It's simple, it's called federalism, and it's how this country had operated for a long time now. The Kentucky clerk is a clerk for a state jurisdiction which is similarly subject to following the decisions of the U.S. Supreme Court. There's nothing new going on here.
 Quoting: Anonymous Coward 70065481


So, if I understand you correctly, you are saying that the Supreme Court decisions must be followed by the states. And to back this up you cite other Supreme Court rulings.

I'm just an average American here, but what that sounds like to me is the Supreme Court can rule whatever they want and everyone has to follow it because the Supreme Court says so? Wouldn't that be like me standing on a soapbox saying "every woman that walks by has to show me her tits or go to jail" and when people say that's not right, I say "I ruled it as right so it is now right, please see my previous ruling giving me ultimate authority regardless of the constitution"

How is that not tyranny?
Anonymous Coward
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Donald Trump has split again from some of his Republican opponents – claiming that Kentucky clerk Kim Davis “violated the law of the land”.
The billionaire businessman and Apprentice boss is one of 17 Republicans running for the Presidential nomination – and though he started the race opposed to LGBT equality, has rapidly shifted on the issue since same-sex marriage became law in all 50 states.

[link to www.pinknews.co.uk]
 Quoting: Philligan
.


However, I would not call a SCOTUS ruling "the LAW of the land."

There's no LAW; it's a COURT RULING.


Further, the Homo argument is based upon the 14th Amendment.

Yet ... polygamy is illegal in the US. So much for "equal protection."


.
 Quoting: Joe Camel



The Supreme Court made this recent decision on gay marriage contrary to the authority given them by "Congressional Mandate" in USC title 1 Section 7 Definition of "marriage" and "spouse"

"In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife."

It was determined by Congress that any Act, Ruling, regulation or interpretation would fall with in the codified definition.

She is actually upholding the law, and it is the Supreme Court that is wrong.
 Quoting: Ozark Granny


It is not only that. 75% of KY citizens voted for an amendment to the KY constitution in 2004. "Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized"

The key word is LEGAL STATUS. Because the KY population has decided that LEGALLY, men and women who are married are entitled to certain PRIVILEGES.

It really is that simple. The citizens feel strongly enough to pony up and give privileges to married men and women. That is their right. They should not be forced to give those PRIVILEGES to anyone else.

Same sex couples may get formally married by any religious group who will perform a ceremony. If they can't find one, they may proclaim themselves married and create their own ceremony. They may live together and love one another and draw up contracts to share property and deal with inheritance.

But the KY citizens refuse to give them (thus pay for) the benefits and privileges that married men and women will receive when they get a KY issued marriage license.

Yet the SCOTUS says they are infringing the rights of gays. And now so does Trump. But privileges are not rights.
 Quoting: Anonymous Coward 70246879


iamwith
Anonymous Coward
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Not popular support? California, as liberal as it is voted to ban gay marriage. Iowa courts implemented gay marriage and the next vote all those judges were voted out by the people.

Not popular support.... If put to the people of this country gay marriage would not exist.
 Quoting: Anonymous Coward 49933329


That was 15 years ago in 2000 and opinion has changed considerably since then. Polling data shows majority support for gay marriage, so no there is no likelihood Congress could or would support a bill overturning the SCOTUS ruling.
 Quoting: Anonymous Coward 70065481




POLLS ARE BULLSHIT. Whoever is counting the votes will always "count" them to support whatever they want them to.Common fuckign sense
 Quoting: IDW 2447206


Exactly! The polling data he is probably citing is the same polling data that says jeb is a front runner and Hillary has massive support....
 Quoting: Anonymous Coward 49933329


All scientific polling data shows that Hillary still has the lead among democrats, Trump has a wide lead among conservatives and that gay marriage has roughly 55-60% support among the public.

But oh, you must be paying attention to the ones Karl Rove was trusting back in 2012...
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The Supreme Court ruling is not law and the Supreme Court does not make law.

The constitution was founded on states rights

Doesn't the state constitution of Kentucky define marriage as man and woman?

So not only is she upholding the state constitution but federal constitution defers to the states.

Any ruling of the federal government that over rules states rights, well, is not really valid.

Anyone saying she broke the law has thier head deeply embedded in thier own righteous ass.
 Quoting: Anonymous Coward 49933329


You have no clue what you're talking about.

Marbury v. Madison (1803): "It is emphatically the province and duty of the judicial department to say what the law is."

That law is still good and has not been overruled by legislation or otherwise.

The Supreme Court said the law is that state bans on same-sex marriages are unconstitutional in violation of the Due Process and Equal Protection Clauses of the 14th Amendment.

Again, you have no clue what you're talking about nor any idea of how your country's government is constituted.
 Quoting: Anonymous Coward 70065481


The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. In United States v. Sprague (1931) the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified."

States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby Lumber, 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.
 Quoting: Anonymous Coward 49933329


It's much less complicated than you're making it.

U.S. Supreme Court decisions are binding on the States and their Courts. They must follow those decisions according to the way federalism itself is created. States cannot be forced to implement a federal program, but the U.S Supreme Court has the power of independent judicial review through Marbury and its decisions are binding on all lower courts in the nation. That's what makes it "Supreme."

State courts must follow the decisions of the U.S. Supreme Court as they were similarly forced to do so during Brown v. Board of Education. It's simple, it's called federalism, and it's how this country had operated for a long time now. The Kentucky clerk is a clerk for a state jurisdiction which is similarly subject to following the decisions of the U.S. Supreme Court. There's nothing new going on here.
 Quoting: Anonymous Coward 70065481


You are correct, that SCOTUS decisions have the force of law, but they are not infallible and can rule contrary to Constitutional principles. Which they just did. In which case the other poster is correct that She did not break the law, because SCOTUS broke the law. It is just that there is no one currently with the guts or the power to reign in SCOTUS when they break the law. This is the job of the congress and even the people themselves can act.

The major problem here is the way the Fed Judge went about dealing with this act of civil disobedience in a matter that is not a felony. There is no real injury in that no homo in Kentucky has ever been allowed the privilege of a marriage license before, and they are not losing anything, they simply do not gain something they want. So disobeying this new "law" should not result in prison. The Feds should work with the State and county to resolve the issue using other persuasive methods. If the county residents back the clerk up in her disobedience and refuse to impeach her, the Fed Judge could order a house arrest as last resort, forcing the public to elect a new clerk to do the job. Then she would be free to pursue a new career.

Arresting her and imprisoning her is complete Tyrannical B.S. Especially when the majority of the public disagrees with the decision.
Anonymous Coward
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You have no clue what you're talking about.

Marbury v. Madison (1803): "It is emphatically the province and duty of the judicial department to say what the law is."

That law is still good and has not been overruled by legislation or otherwise.

The Supreme Court said the law is that state bans on same-sex marriages are unconstitutional in violation of the Due Process and Equal Protection Clauses of the 14th Amendment.

Again, you have no clue what you're talking about nor any idea of how your country's government is constituted.
 Quoting: Anonymous Coward 70065481


The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. In United States v. Sprague (1931) the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified."

States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby Lumber, 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.
 Quoting: Anonymous Coward 49933329


It's much less complicated than you're making it.

U.S. Supreme Court decisions are binding on the States and their Courts. They must follow those decisions according to the way federalism itself is created. States cannot be forced to implement a federal program, but the U.S Supreme Court has the power of independent judicial review through Marbury and its decisions are binding on all lower courts in the nation. That's what makes it "Supreme."

State courts must follow the decisions of the U.S. Supreme Court as they were similarly forced to do so during Brown v. Board of Education. It's simple, it's called federalism, and it's how this country had operated for a long time now. The Kentucky clerk is a clerk for a state jurisdiction which is similarly subject to following the decisions of the U.S. Supreme Court. There's nothing new going on here.
 Quoting: Anonymous Coward 70065481


So, if I understand you correctly, you are saying that the Supreme Court decisions must be followed by the states. And to back this up you cite other Supreme Court rulings.

I'm just an average American here, but what that sounds like to me is the Supreme Court can rule whatever they want and everyone has to follow it because the Supreme Court says so? Wouldn't that be like me standing on a soapbox saying "every woman that walks by has to show me her tits or go to jail" and when people say that's not right, I say "I ruled it as right so it is now right, please see my previous ruling giving me ultimate authority regardless of the constitution"

How is that not tyranny?
 Quoting: Anonymous Coward 49933329


It is only tyranny if you have no recourse when the SCOTUS makes a ruling that is blatantly unconstitutional and tries to enforce it on you.

In other words, if your congress sits back and does nothing, then you are under full governmental tyranny. In which case you need to take the next step. Organize towards a constitutional convention of the States in order to amend the constitution directly in order to nullify the unconstitutional SCOTUS ruling that your corrupt congressmen backed up. If you fail to get that done, you have to judge whether the tyrannical law is grave enough to take the next step or not. 1776 style.
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You have no clue what you're talking about.

Marbury v. Madison (1803): "It is emphatically the province and duty of the judicial department to say what the law is."

That law is still good and has not been overruled by legislation or otherwise.

The Supreme Court said the law is that state bans on same-sex marriages are unconstitutional in violation of the Due Process and Equal Protection Clauses of the 14th Amendment.

Again, you have no clue what you're talking about nor any idea of how your country's government is constituted.
 Quoting: Anonymous Coward 70065481


The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. In United States v. Sprague (1931) the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified."

States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby Lumber, 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.
 Quoting: Anonymous Coward 49933329


It's much less complicated than you're making it.

U.S. Supreme Court decisions are binding on the States and their Courts. They must follow those decisions according to the way federalism itself is created. States cannot be forced to implement a federal program, but the U.S Supreme Court has the power of independent judicial review through Marbury and its decisions are binding on all lower courts in the nation. That's what makes it "Supreme."

State courts must follow the decisions of the U.S. Supreme Court as they were similarly forced to do so during Brown v. Board of Education. It's simple, it's called federalism, and it's how this country had operated for a long time now. The Kentucky clerk is a clerk for a state jurisdiction which is similarly subject to following the decisions of the U.S. Supreme Court. There's nothing new going on here.
 Quoting: Anonymous Coward 70065481


So, if I understand you correctly, you are saying that the Supreme Court decisions must be followed by the states. And to back this up you cite other Supreme Court rulings.

I'm just an average American here, but what that sounds like to me is the Supreme Court can rule whatever they want and everyone has to follow it because the Supreme Court says so? Wouldn't that be like me standing on a soapbox saying "every woman that walks by has to show me her tits or go to jail" and when people say that's not right, I say "I ruled it as right so it is now right, please see my previous ruling giving me ultimate authority regardless of the constitution"

How is that not tyranny?
 Quoting: Anonymous Coward 49933329


The Supreme Court has battled many times with the Executive to give themselves the power they have, but they still have that power regardless of what you make of it. Marbury v. Madison was one of the first battles in which they said they have the power to exercise independent judicial review of federal laws and decide the constitutionality of those laws. So yes, they have given themselves power through their own decisions, as ridiculous as that sounds, nor was President John Adams happy about it when that case was decided. But it has become the basis of the law as it now exists because it hasn't been overturned. Generally, that case is now seen as creating a valuable check on Executive power.

But it breaks down like this: under the Supremacy Clause, the Constitution is the Supreme law of the land. SCOTUS, under Article III of the Constitution, is the highest court in the land, making it's decisions binding on all lower courts, both federal and state. And in Marbury v. Madison, SCOTUS said it has the power to strike down laws that conflict with the law of the land as it sees it. So, all those subsequent cases - like Brown v. Board of Education - have their basis in the precedent set in Marbury. That's why the Feds had the authority to force Southern states to desegregate, and that's the same reason they have the authority to impose punishment on the Kentucky clerk here and now.
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The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. In United States v. Sprague (1931) the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified."

States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby Lumber, 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.
 Quoting: Anonymous Coward 49933329


It's much less complicated than you're making it.

U.S. Supreme Court decisions are binding on the States and their Courts. They must follow those decisions according to the way federalism itself is created. States cannot be forced to implement a federal program, but the U.S Supreme Court has the power of independent judicial review through Marbury and its decisions are binding on all lower courts in the nation. That's what makes it "Supreme."

State courts must follow the decisions of the U.S. Supreme Court as they were similarly forced to do so during Brown v. Board of Education. It's simple, it's called federalism, and it's how this country had operated for a long time now. The Kentucky clerk is a clerk for a state jurisdiction which is similarly subject to following the decisions of the U.S. Supreme Court. There's nothing new going on here.
 Quoting: Anonymous Coward 70065481


So, if I understand you correctly, you are saying that the Supreme Court decisions must be followed by the states. And to back this up you cite other Supreme Court rulings.

I'm just an average American here, but what that sounds like to me is the Supreme Court can rule whatever they want and everyone has to follow it because the Supreme Court says so? Wouldn't that be like me standing on a soapbox saying "every woman that walks by has to show me her tits or go to jail" and when people say that's not right, I say "I ruled it as right so it is now right, please see my previous ruling giving me ultimate authority regardless of the constitution"

How is that not tyranny?
 Quoting: Anonymous Coward 49933329


The Supreme Court has battled many times with the Executive to give themselves the power they have, but they still have that power regardless of what you make of it. Marbury v. Madison was one of the first battles in which they said they have the power to exercise independent judicial review of federal laws and decide the constitutionality of those laws. So yes, they have given themselves power through their own decisions, as ridiculous as that sounds, nor was President John Adams happy about it when that case was decided. But it has become the basis of the law as it now exists because it hasn't been overturned. Generally, that case is now seen as creating a valuable check on Executive power.

But it breaks down like this: under the Supremacy Clause, the Constitution is the Supreme law of the land. SCOTUS, under Article III of the Constitution, is the highest court in the land, making it's decisions binding on all lower courts, both federal and state. And in Marbury v. Madison, SCOTUS said it has the power to strike down laws that conflict with the law of the land as it sees it. So, all those subsequent cases - like Brown v. Board of Education - have their basis in the precedent set in Marbury. That's why the Feds had the authority to force Southern states to desegregate, and that's the same reason they have the authority to impose punishment on the Kentucky clerk here and now.
 Quoting: Anonymous Coward 70065481


Rather, at the end there, I should say "that's the reason SCOTUS had the ability to strike down the gay marriage bans and subsequently impose punishment on the clerk.

So: supremacy clause makes Constitution highest law of the land. Constitution creates SCOTUS as highest court in the land, making its decisions binding on all federal and state courts. SCOTUS gives itself power in Marbury to invalidate state and federal laws. Combined with the Supremacy Clause, SCOTUS can invalidate federal and state laws and make have those decisions be binding on state courts.
Anonymous Coward
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09/04/2015 10:51 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Barry Soetoro himself isn't legal.

None of his court appointees are legal.

No county clerk signed off on the marriages.

Another Barry Soetoro mess. Maybe he will be outed soon. Shemitah coming up in 8 days.
Anonymous Coward
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09/04/2015 10:57 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
Does this add to their joy knowing they sent her to jail?

Donald Trump holds marriages at his hotels. Business.
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
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It's much less complicated than you're making it.

U.S. Supreme Court decisions are binding on the States and their Courts. They must follow those decisions according to the way federalism itself is created. States cannot be forced to implement a federal program, but the U.S Supreme Court has the power of independent judicial review through Marbury and its decisions are binding on all lower courts in the nation. That's what makes it "Supreme."

State courts must follow the decisions of the U.S. Supreme Court as they were similarly forced to do so during Brown v. Board of Education. It's simple, it's called federalism, and it's how this country had operated for a long time now. The Kentucky clerk is a clerk for a state jurisdiction which is similarly subject to following the decisions of the U.S. Supreme Court. There's nothing new going on here.
 Quoting: Anonymous Coward 70065481


So, if I understand you correctly, you are saying that the Supreme Court decisions must be followed by the states. And to back this up you cite other Supreme Court rulings.

I'm just an average American here, but what that sounds like to me is the Supreme Court can rule whatever they want and everyone has to follow it because the Supreme Court says so? Wouldn't that be like me standing on a soapbox saying "every woman that walks by has to show me her tits or go to jail" and when people say that's not right, I say "I ruled it as right so it is now right, please see my previous ruling giving me ultimate authority regardless of the constitution"

How is that not tyranny?
 Quoting: Anonymous Coward 49933329


The Supreme Court has battled many times with the Executive to give themselves the power they have, but they still have that power regardless of what you make of it. Marbury v. Madison was one of the first battles in which they said they have the power to exercise independent judicial review of federal laws and decide the constitutionality of those laws. So yes, they have given themselves power through their own decisions, as ridiculous as that sounds, nor was President John Adams happy about it when that case was decided. But it has become the basis of the law as it now exists because it hasn't been overturned. Generally, that case is now seen as creating a valuable check on Executive power.

But it breaks down like this: under the Supremacy Clause, the Constitution is the Supreme law of the land. SCOTUS, under Article III of the Constitution, is the highest court in the land, making it's decisions binding on all lower courts, both federal and state. And in Marbury v. Madison, SCOTUS said it has the power to strike down laws that conflict with the law of the land as it sees it. So, all those subsequent cases - like Brown v. Board of Education - have their basis in the precedent set in Marbury. That's why the Feds had the authority to force Southern states to desegregate, and that's the same reason they have the authority to impose punishment on the Kentucky clerk here and now.
 Quoting: Anonymous Coward 70065481


Rather, at the end there, I should say "that's the reason SCOTUS had the ability to strike down the gay marriage bans and subsequently impose punishment on the clerk.

So: supremacy clause makes Constitution highest law of the land. Constitution creates SCOTUS as highest court in the land, making its decisions binding on all federal and state courts. SCOTUS gives itself power in Marbury to invalidate state and federal laws. Combined with the Supremacy Clause, SCOTUS can invalidate federal and state laws and make have those decisions be binding on state courts.
 Quoting: Anonymous Coward 70065481

Basically in everything you said the end result is the Supreme Court can do anything it wants and is not subject to any bounds or balances, they are the final say and they give themselves power.

For some reason that doesn't sound like what was originally intended for the Supreme Court.

I do understand where you are coming from but be honest, does that all sound just a little oppressive to you? I mean they ruled that obamacare was constitutional even though obamacare is corporatism due to the fact everyone has to have insurance from said corporations and the government is the enforcer. At no point ever should the federal government be the strong arm of the corporations, but in the real world that is exactly what is happening all over this country.
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09/04/2015 11:48 PM
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Re: Donald Trump: Kentucky clerk broke ‘the law of the land’ by blocking gay weddings
They were given too many powers. Jefferson complained about it.
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Barry Soetoro really made use of it. Jefferson saw it coming.
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So, if I understand you correctly, you are saying that the Supreme Court decisions must be followed by the states. And to back this up you cite other Supreme Court rulings.

I'm just an average American here, but what that sounds like to me is the Supreme Court can rule whatever they want and everyone has to follow it because the Supreme Court says so? Wouldn't that be like me standing on a soapbox saying "every woman that walks by has to show me her tits or go to jail" and when people say that's not right, I say "I ruled it as right so it is now right, please see my previous ruling giving me ultimate authority regardless of the constitution"

How is that not tyranny?
 Quoting: Anonymous Coward 49933329


The Supreme Court has battled many times with the Executive to give themselves the power they have, but they still have that power regardless of what you make of it. Marbury v. Madison was one of the first battles in which they said they have the power to exercise independent judicial review of federal laws and decide the constitutionality of those laws. So yes, they have given themselves power through their own decisions, as ridiculous as that sounds, nor was President John Adams happy about it when that case was decided. But it has become the basis of the law as it now exists because it hasn't been overturned. Generally, that case is now seen as creating a valuable check on Executive power.

But it breaks down like this: under the Supremacy Clause, the Constitution is the Supreme law of the land. SCOTUS, under Article III of the Constitution, is the highest court in the land, making it's decisions binding on all lower courts, both federal and state. And in Marbury v. Madison, SCOTUS said it has the power to strike down laws that conflict with the law of the land as it sees it. So, all those subsequent cases - like Brown v. Board of Education - have their basis in the precedent set in Marbury. That's why the Feds had the authority to force Southern states to desegregate, and that's the same reason they have the authority to impose punishment on the Kentucky clerk here and now.
 Quoting: Anonymous Coward 70065481


Rather, at the end there, I should say "that's the reason SCOTUS had the ability to strike down the gay marriage bans and subsequently impose punishment on the clerk.

So: supremacy clause makes Constitution highest law of the land. Constitution creates SCOTUS as highest court in the land, making its decisions binding on all federal and state courts. SCOTUS gives itself power in Marbury to invalidate state and federal laws. Combined with the Supremacy Clause, SCOTUS can invalidate federal and state laws and make have those decisions be binding on state courts.
 Quoting: Anonymous Coward 70065481

Basically in everything you said the end result is the Supreme Court can do anything it wants and is not subject to any bounds or balances, they are the final say and they give themselves power.

For some reason that doesn't sound like what was originally intended for the Supreme Court.

I do understand where you are coming from but be honest, does that all sound just a little oppressive to you? I mean they ruled that obamacare was constitutional even though obamacare is corporatism due to the fact everyone has to have insurance from said corporations and the government is the enforcer. At no point ever should the federal government be the strong arm of the corporations, but in the real world that is exactly what is happening all over this country.
 Quoting: Anonymous Coward 49933329


I think the executive branch is much more oppressive than the judicial branch. Having the ability to invalidate a law is one power, but the executive branch could promulgate another one within an executive agency, or attempt to stack the Court with its own Justices, like FDR tried to do. You have to keep it in perspective relative to what the other powers can do.

Forcing people to purchase private health care plans under Obamacare should be seen as unconstitutional (especially because of what you noted -- the power of corporations to write the legislation and then use the government as enforcer to enroll as many people as possible), although I have no problems with its other provisions. SCOTUS managed to tiptoe its way through that issue by calling the fee for not enrolling a "tax" as opposed to a penalty (taxes under the Tax and Spend Clause of the Constitution are subject to a much less stringent level of review and are thus often viewed as Constitutional) and validating it on that basis. Of course, it was hugely political, as it took Obama 15+ months to pass the law and was his "signature" achievement, and they didn't want to invalidate it for that reason, either... ;)

All this to say that yes, the government has far exceeded the bounds of what the founders would have considered the proper constitutional limits of the government's power, but not because of what they did in Kentucky. That I don't think is a huge abuse, or really even an abuse for that matter. The big abuses happen within the federal police agencies and within the FISA courts, which are subject to "review" by Article III federal judges but which I don't think have much oversight at all when it comes down to it. Snowden released a few secret orders from FISA courts which confirmed a bunch of things for us, e.g., telecoms are using dragnet surveillance on all citizens, searches and seizures are not conducted according to actual "law" you find in public opinions issued by judges and laws you find in the books, etc. All this, mind you, coming from the executive branch, and not the judiciary, which, with the exception of those FISA judges, really take a back seat when it comes to these huge international affairs entirely. Just my two cents. Yeah, I have a legal background if it isn't obvious by now haha.





GLP