Posts tagged ‘law’

Back for more. Finally. Letters #15-20

So I have been on a mental break these past couple weeks. So many stressful things put me in a crabby mood. So I took as much of a break as I could from all things stressful. But alas, I need to get back to reality. There are so many topics right now that I have some major opinions and strong feelings on, but for tonight I am going to continue on my Federalist Papers. I decided to read letters 15-20 and post at the same time since they are dealing with the same topic.

This grouping of letters deals with the issue, Insufficiency of the Present Confederation to Preserve the Union.

At this point no one is in disagreement that the present national system was unable to protect the Union. Not even the ones who were against the Constitution argued the basic premise. The country was at the bottom of the barrel as far as how they were viewed by other countries. “We have neither troops, nor treasury, nor government”

None of the states individually could effectively regulate themselves. They needed a government to help settle internal disputes. Another objection is the fear that the government would ultimately be too powerful.

There was a great passage in letter 15 regarding government. Here it is for your reading pleasure:

Government implies the power of making laws. It is essential to the idea of a law that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation. This penalty, whatever it may be, can only be inflicted in two ways; by the agency of the courts and ministers of justice, or by military force; by the coercion of the magistracy, or by the coercion of arms.”

I found this interesting given all of today’s politicians and celebrity figures who break the law and then do not pay the penalty. (ie. Geithner) It is true, laws should have consequences for all. But that was not really the main focus of the letters.

There was a great deal of historical background given into Grecian republics as well as German nations. All had strengths and weaknesses. Finally the author gives a history of the United Netherlands. All of this information was given to give historical background and precedent for setting up a national government and making the states into one Union. By studying societies of the past we can learn from their experience which provides truth and wisdom.

March 30, 2009 at 3:58 am 2 comments

Yes on 8

While doing more research on the historical context of marriage, comment from a post last week. I have found some other interesting information.

Here is some legal information regarding marriage: Taken from wikipedia.

In the United States, civil marriage is governed by state law. Each state is free to set the conditions for a valid marriage, subject to limits set by the state’s own constitution and the U.S. Constitution. In fact, “[T]he State . . . has absolute right to prescribe the conditions upon which the marriage relation between its own citizens shall be created, and the causes for which it may be dissolved,” Pennoyer v. Neff, 95 U.S. 714 (1877). Traditionally, a marriage was considered valid if the requirements of the marriage law of the state where the marriage took place were fulfilled. (First Restatement of Conflicts on Marriage and Legitimacy s.121 (1934)). However, a state can refuse to recognize a marriage if the marriage violates a strong public policy of the state, even if the marriage was legal in the state where it was performed. (Restatement (Second) Of Conflict of Laws ยง 283(2) (1971).) States historically exercised this “public policy exception” by refusing to recognize out-of-state polygamous marriages, underage marriages, incestuous marriages, and interracial marriages. Following these precedents, nearly all courts that have addressed the issue have held that states with laws against same-sex marriage can refuse to recognize same-sex marriages that were legally performed elsewhere.

So generally marriage is left to be defined by each state, except for this;

Although individual U.S. states have the primary regulatory power with regard to marriage, the United States Congress has occasionally regulated marriage. The 1862 Morrill Anti-Bigamy Act, which made bigamy a punishable federal offense, was followed by a series of federal laws designed to end the practice of polygamy. In 1996 as a reaction to a state level judicial ruling prohibiting same-sex couples from marrying that may violate Hawaii’s constitutional equal protection clause (Baehr v. Miike, 80 Hawai`i 341), Congress passed the Defense of Marriage Act (DOMA), which defines marriage as a legal union of one man and one woman for the purpose of interpreting federal law. Under DOMA, the Federal government does not recognize same-sex marriages or civil unions, even if those unions are recognized by state law. For example, members of a same-sex couple legally married in Massachusetts cannot file joint Federal income tax returns even if they file joint state income tax returns.

Federal courts have interpreted the U.S. Constitution to place some limits on states’ ability to restrict access to marriage. In Loving v. Virginia, the United States Supreme Court overturned state marriage laws that barred interracial marriages on the basis that marriage is a “basic civil right…” and that “…the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.” The Supreme Court struck down a 1992 Colorado constitutional amendment that barred legislative and judicial remedies to protect homosexuals from discrimination solely on the basis of their sexual orientation in Romer v. Evans.

Some circuit courts have upheld state constitutional amendments banning same-sex marriage. Notable among these cases was the 8th Circuit Court of Appeals’ affirmation of Nebraska’s constitutional amendment which defines marriage as between a man and a woman, and states that unions of two people in a same-sex relationship as marriage or similar to marriage shall not be valid or recognized in Nebraska.[3]

The most important Federal decision on same-sex marriage to date was the 1972 summary decision of the United States Supreme Court in Baker v. Nelson. When the issue of same-sex marriage came before the Court in 1972, it was dismissed for “want of a substantial federal question”. Unlike a denial of certiorari, a dismissal for “want of a substantial federal question” constitutes a decision on the merits of the case, and as such, is binding precedent on all lower Federal Courts. Baker has been cited as binding precedent in numerous lower court decisions since, and unless over-ruled, remains the law of the land in regard to this issue.

Based on what I have found marriage has been defined as between one man and one woman, not just in the bible. It is left to each state to decide for themselves.

In California currently there is a Proposition on the ballot to reverse the recent decision to allow same-sex marriage. In early 2008 a different Proposition (22) was overturned by the court. Proposition 22 had passed with an amazing 61% majority in California in 2000. With a majority passing the proposition it would seem that the will of the people was to place a definition on marriage. So now there is another Proposition (8) on the ballot to reverse the courts decision.

I am in support of Proposition 8. I do believe that the definition of marriage should be preserved.

I am not in favor of taking away anyones civil liberties. I do support civil rights. I just believe that marriage in the true definition is to be between one man and one woman, monogamous, for a lifetime.

Now here is another question. I got this email from the Yes on 8 campaign.

First Graders Taken To San Francisco City Hall For Gay Wedding

And this question goes beyond just asking if you believe in preserving the definition of marriage or not. But when has it ever been a school sponsored field trip to attend a teachers wedding during school hours? Especially for 5 & 6 year olds. Talk about some poor judegement with the administrators. And the No on 8 ad that ran the same week saying that what was taught in school would not be changing and they would not be teaching about same-sex marriage. Well, this just totally blows that one out of the water.

This No on 8 ad clearly says that this will NOT be taught in schools.

and here is the Yes on 8 ad warning that this could happen.

I want to be able to control what my children are exposed to. Not just to shelter them, but make sure that they learn in proper timing and context about these types of things. It is not the school’s place to indoctrinate our children with hot controversial topics. Where have the parent’s rights gone in having some say over family centered topics that are up for debate?

October 13, 2008 at 4:25 pm 7 comments


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