“The government of the United States can claim no powers which are not granted to it by the Constitution, and the powers actually granted must be such as are expressly given or given by necessary implication.”
Need proof the 39th Congress who debated and adopted the Fourteenth Amendment did not consider State laws of marriage to come under the amendment? Former rebel States under Reconstruction were required to frame new constitutions and have State statutes that conformed to the provisions of the Fourteenth Amendment. Constitutions and questionable laws had to first […]
Yesterday in the case of Perry v. Schwarzenegger, U.S. District Judge Vaughn Walker enjoined California’s Proposition 8 from being enforced on the grounds California has a “constitutional obligation to provide marriages on an equal basis.” Judge Walker finds California’s anti-SSM law violates both the Due Process and the Equal Protection clauses under the Fourteenth Amendment. […]
Reading through the unanimous, 69-page decision of the Iowa Supreme Court striking down the state’s 10-year-old ban on same-sex marriage, reads more as an advocacy for same-sex marriage than constitutional fact finding. While I do not have much time to Blog on this case now, I will quickly point out deliberate and obvious factual errors […]
Equal Protection of the Laws simply means all persons shall be tried and punished equally before courts of law as it did under Common Law. The clause has no application outside of criminal law which explains why the Fifteenth and Nineteenth Amendments were needed. Justice Scalia speaking of the Fourteenth Amendments Equal Protection Clause (EPC) […]