Skylar
Diamond Member
- Jul 5, 2014
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Again, you show your own simple indoctrination into fiction by your reference to "the Federal judiciary".
More accurately, I show that I don't recognize your personal opinion as having any legal relevance to the application of the 14th amendment. As your basis that the 14th doesn't apply...is just you saying the 14th doesn't apply.
The Begging the Question fallacy. And fallacies of logic isn't evidence of anything but your inability to support your claims logically and factually.
There must be a federal system for a federal judiciary to exist. You see Sir, you hold a fiction as a legitimate authority, when even the father of Your own CONstitution stated that the people in an individual State are the highest authority.
A statement that was made BEFORE the 14th amendment was passed. You see Sir, in the age of the founders the Bill of Rights didn't apply to the States. The States were the supreme authority on the rights of the people of that State. And the Federal government had no jurisdiction if a State were to violate the rights of individual citizens.....as the States sometimes did;
Barron v. Baltimore (1833) said:"These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments. In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States. These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them."
This is the era from which you exclusive pull your citations. But that era ended with the passage of the 14th amendment which explicitly extended federal authority to the States if they violate the privileges and immunities of US Citizens:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
From Section 1 of the 14th Amendment to the Constitution of the United States
This fundamentally changed the relationship of the States and the Federal government, allowing the federal government to apply the Bill of Rights to the States and to prevent the States from violating of those rights.
You pretend this never happened. You pretend the States are still free to violate the rights of US citizens. You pretend that the federal government has no jurisdiction over the States nor the ability to prevent the violation of rights by the States.
I'm not obligated to pretend with you. And the courts certainly aren't. Just because you ignore the 14th amendment doesn't mean it ceases to exist.
You Sir, simply don't know what you're talking about.
You pretend that the 14th amendment gives the federal government power over something that the Constitution does not give it.
Ah, but marriage is recognized as a constitutional right. And the courts absolutely have the authority to protect the rights of citizens. Not simply the authority, but the obligation to do so.
And the States can't apply their law unequally to US citizens. If the States do, they courts again have the authority to prevent it and the obligation to do so.
However, you ignore the 10th amendment which says those powers not specifically given to the federal government belong to the States.
Read the 9th amendment. Reserve rights still exist even if they aren't enumerated.
Rights trump powers, no matter how much this fact may infuriate conservatives.