The United States Supreme Court does NOT have authority over same-sex marriage issues. Our Constitution says so, specifically, in Article III, Section 2: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
In case someone missed it, let’s break this down. The judicial power of the Supreme Court covers “all cases in law and equity,” but is LIMITED to cases “arising under this Constitution, the Laws of the United States, and Treaties made or which shall be made, under their Authority.”
Our Founding Fathers embedded three restrictions in the latter clause.
The first restriction is to cases “arising under this Constitution.” If the case arises outside the bounds of the Constitution, such as all cases involving “powers not delegated to the United States by the Constitution, nor prohibited by it to the States,” as clearly stated in the Tenth Amendment, then the case does not fall under the jurisdiction of the Supreme Court.
The second restriction is to Laws of the United States. This does not include state law. Our Constitution mentions the word “law” 36 times, but the most salient mention addresses this claim head-on in Article VI:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
By “Laws of the United States,” the framers are clearly referring to laws made “in Pursuance thereof.” The Merriam-Webster Dictionary defines “pursuance” as “a carrying out or into effect
.” Put simply, they’re talking about laws made by the federal government i.e. proposed by Congress and signed into law by the President. The Supreme Court has jurisdiction over those laws, as those laws are the “Laws of the United States.”
The third restriction is to treaties, either made or in the process of being made. For clear examples of how restrictive the Constitution is towards treaties, please read this
, as well as this
Put simply, if the issue is neither specified in the Constitution nor expressly granted by the Constitution to the federal government, then under the Tenth Amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
That’s it. The Constitution specifically and expressly limited the Supreme Court’s authority to only those powers given by the Constitution to the United States aka the federal government. All powers not delegated to the feds nor prohibited by the Constitution to the States are reserved to the States or to the people, and are NOT subject to judicial review by the U.S. Supreme Court.
As marriage issues were never among the few and limited powers delegated to the United States by the Constitution, the U.S. Supreme Court has NO AUTHORITY to decide marriage issues. The U.S. Supreme Court VIOLATED the scope of their Constitutionally-derived authority, and their decision in these matters is UN-CONSTITUTIONAL.
The Supreme Court is NOT the final authority in the United States of America. WE are. We the People are the final authority. This noble concept of a “government of the people, by the people, for the people” is clearly embedded throughout the Constitution, and was additionally reflected verbatim 100 years after the founding of our nation by Abraham Lincoln in his Gettysburg Address.
Thus, we’ve clearly established the fact the Supreme Court had absolutely zero business even hearing this case, much less rendering an opinion. As if this weren’t enough, however, let’s dig a little further, where we find additional restrictions on the types of cases our Constitution allows them to hear:
1. “all Cases affecting Ambassadors” – NOPE! Doesn’t apply…
2. “other public Ministers and Consuls” – NOPE! Doesn’t apply…
3. “all Cases of admiralty and maritime Jurisdiction” – NOPE! Doesn’t apply…
4. “Controversies to which the United States shall be a Party.” – NOPE! Doesn’t apply. States issue marriage licenses only to the citizens within that state. The federal government is not a party to that dispute.
5. “Controversies between two or more States.” – NOPE! Doesn’t apply. Ibid.
6. “between a State and Citizens of another State.” – NOPE! Doesn’t apply. Ibid.
7. “between Citizens of different States.” – NOPE! Doesn’t apply. Ibid.
8. “between Citizens of the same State claiming Lands under Grants of different States.” – NOPE! Doesn’t apply…
9. “between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.” – NOPE! Doesn’t apply…
Not only did the U.S. Supreme Court make a decision on an issue that falls outside of its legal authority and jurisdiction, it also made a decision that failed to meet ANY of the circumstances in which our Constitution gives them any authority.
The U.S. Supreme Court FAILED the American People by overstepping the bounds of their jurisdiction and the legal limits of their authority.
Interesting enough, the U.S. Supreme Court has repeatedly ruled, and rightly so, that neither citizens nor law enforcement officers are under any obligation whatsoever to follow or enforce un-Constitutional laws. Ergo, when SCOTUS goofed and rendered a decision that violates “the supreme Law of the Land,” neither citizens nor law enforcement officers are under any obligation whatsoever to follow or enforce that decision, either.
Since the State of Kentucky does not recognize same-sex marriages within state law, and…
Since the State of Kentucky further has in place statutory and constitutional bans on same-sex marriages…
Kim Davis, the Rowan County court clerk was FULLY within her authority to refuse to issue same-sex marriage licenses under the U.S. Constitution, the Constitution of the State of Kentucky, and the laws of the State of Kentucky.
Since the U.S. Supreme Court’s jurisdiction does NOT extend to matters not delegated to the United States by the Constitution, and…
Since marriage issues are NOT among such matters, and…
Since the Supreme Court has ruled on several occasions that an “unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed…”
Ergo, the Supreme Court’s decision in Obergefell v. Hodges is null and void. It is NOT to be followed, considered, or given any credence whatsoever in the matter of same-sex marriages in
Unsuccessful Kentucky Democratic U.S. Senate candidate Jack Conway concedes his race to Republican Rand Paul during a speech in Louisville, Ky., Tuesday, Nov. 2, 2010. (AP Photo/Garry Jones)
particular, or marriage in general. Those who do, including Kentucky Attorney General Jack Conway, are VIOLATING Kim Davis’ Constitutional rights to do her job correctly and properly within the scope of both Kentucky state law as well as the Constitution.
And in an interesting turn of events, Jack Conway is running for governor in the 2015 gubernatorial election to be held on November 3. Isn’t that special? That and the fact that he’s a member of the… *GASP!* Demoncrap Party should give everyone a proper understanding of the context in which he would threaten to prosecute someone like Kim Davis for… FOLLOWING THE CONSTITUTION.
The LAST thing either Kentucky or America needs are peanut-brittle-brained politicians like Jack Conway who have zero qualms about throwing good, solid, moral citizens like Kim Davis under the bus.
Here’s a thought, Kentucky: VOTE FOR MATT BEVIN! A vote for Bevin is a vote FOR your Constitutional rights, instead of Conway’s clearly demonstrated ANTI-Constitutional behavior.
I came across the following tidbit and found it to be dead-on accurate. Thus, this isn’t merely a double-whammy, but a triple whammy:
By Jana Jobe
I was in favor of Kim Davis being jailed last week in Ky because I believed the media when they said she was violating the law by refusing to issue a marriage license to same sex couples. But, I heard a comment from Mike Huckabee that made me wonder if it was true. So I did a little reading.
Remember in Civics class where we learned that Congress makes the laws and the Supreme Court interprets them? Ok, in 1996, President Clinton signed the Defense Of Marriage Act (DOMA) into Federal law stating that marriage was between a man and a woman. There was no Federal Law concerning marriage prior to that, so DOMA became THE Federal statute pertaining to marriage.
The Supreme Court ruled in 2013 that PART of DOMA was unconstitutional and some states voted to allow same sex marriage. However, they were in conflict with the remaining articles of DOMA.
The way Federal Laws work is that state law can be MORE restrictive but it cannot be less restrictive than Federal law. So, some states, who voted to recognize same sex marriage were in conflict with Federal Law. Which is the reason the Supreme Court heard the issue again this year. We all know their decision.
But, what we apparently forgot is that since they can’t make law, their decision to declare DOMA unconstitutional resulted in there being NO federal law concerning marriage. Which means, jurisdiction falls to the state. And what that means boys and girls is that Kim Davis IS NOT in violation of ANY law by refusing to issue marriage licenses after the SCOTUS ruling. In fact, if she had issued a license to a same sex couple, she would have been in violation of the state laws of Kentucky, which had voted no on the issue.
Congress failed to be prepared to handle the situation resulting from SCOTUS striking down DOMA by writing a new Federal Law so we are left with the issue being handled at a state level. In the states that voted no on this issue, same sex marriage is not Federally protected.
Jana Jobe is correct. In fact, hers is the third of three rock-solid reasons why the actions of Kim Davis are entirely consistent with both Kentucky State Law as well as the Constitution. None of them have anything to do with her lawyer’s insistence that she be given a “religious exclusion.” Without bringing religion into the matter at all, Kim Davis has a rock-solid, three-legged defense, one that will stand on any one of its three legs.
Thus, I do not understand why her lawyer is leading with the fourth issue, a weak one, at best. In fact, if he’s successful, he will set the stage for all Muslims (and other religions) to refuse to do anything at work that violates their religious convictions while retaining immunity from being fired. That’s definitely not the right approach! Companies need to be able to fire employees for non-performance, particularly when tasks like serving alcohol to airline passengers is clearly stated in the employment contract.
It would be far better for Kim Davis and her attorney to knock this one out of the park from three different angles, all based on rock-solid Constitutional, Federal, and State law, rather than attempt the religious exclusion approach.