Friends,
In case you missed it.....
The state of Kentucky must recognize four same-sex marriages that
took place out of state, a federal judge in Louisville has ruled,
handing another win in a traditionally conservative state to gay
marriage proponents.
U.S. District Judge John G. Heyburn on Wednesday ordered Kentucky to
recognize same-sex marriages consecrated elsewhere – in Iowa,
Connecticut, California and Ontario, Canada – saying that Kentucky laws
denying recognition violate the equal-protection clause of the U.S.
Constitution.
taken from http://blogs.wsj.com/law/category/constitutional-law/
I thought I would send what Rep. Becker of Ohio wrote a few months back. It pertains to this.
CKM
ps: Now you know why I am in favor of a marriage amendment. I knew what the states voted in wouldn't stand, at least right now their laws voted in by the people are falling.
Frankenstein's Monster
You might recall from the August issue of The Becker Report, that I devoted much space to outlining the federal usurpation of power over the states and the people. The central government was created by the states and has become the proverbial "Frankenstein's monster." With few exceptions, the founders' intent of a limited federal government serving the several sovereign states stayed largely intact until about the middle of the 20th century. That is when the incremental attacks against state sovereignty and the people began in earnest by what was becoming "Frankenstein's monster." Liberal judges determined "the right thing to do" in their eyes, and then declared their decisions to be within their new and creative interpretations of the US Constitution. Without regard to the founders rolling over in their graves, this abuse of power has accelerated exponentially in recent decades.
The Article I Section 8 General Welfare Clause and Commerce Clause have been among the most abused without regard to the enumerated powers listed in subsequent paragraphs. Additionally, the Article VI Supremacy Clause has been used (abused) repeatedly to beat the states and the people into submission without regard to the Ninth and Tenth Amendments. Although the Tenth Amendment is the most ignored, the Due Process Clause and the Equal Protection Clause of the 14th Amendment are also among the most abused. And of course the 1st Amendment freedom of religion has been creatively turned on its head and interpreted to be the opposite of its original intent.
Mankind has many weaknesses. Lust for power is one. Ignorance and apathy are others. Thus, the crux of the problem. Unless or until the people get involved in the workings of government, the status quo of ever increasing usurpations and consolidation of power at the federal level will continue. One person can do very little. Collectively, the people's power is unlimited.There isn't much that one state representative can do about this problem. However, I have taken the first step by writing a letter to my congressman asking him to initiate impeachment proceedings against a federal judge. It is below:
You might recall from the August issue of The Becker Report, that I devoted much space to outlining the federal usurpation of power over the states and the people. The central government was created by the states and has become the proverbial "Frankenstein's monster." With few exceptions, the founders' intent of a limited federal government serving the several sovereign states stayed largely intact until about the middle of the 20th century. That is when the incremental attacks against state sovereignty and the people began in earnest by what was becoming "Frankenstein's monster." Liberal judges determined "the right thing to do" in their eyes, and then declared their decisions to be within their new and creative interpretations of the US Constitution. Without regard to the founders rolling over in their graves, this abuse of power has accelerated exponentially in recent decades.
The Article I Section 8 General Welfare Clause and Commerce Clause have been among the most abused without regard to the enumerated powers listed in subsequent paragraphs. Additionally, the Article VI Supremacy Clause has been used (abused) repeatedly to beat the states and the people into submission without regard to the Ninth and Tenth Amendments. Although the Tenth Amendment is the most ignored, the Due Process Clause and the Equal Protection Clause of the 14th Amendment are also among the most abused. And of course the 1st Amendment freedom of religion has been creatively turned on its head and interpreted to be the opposite of its original intent.
Mankind has many weaknesses. Lust for power is one. Ignorance and apathy are others. Thus, the crux of the problem. Unless or until the people get involved in the workings of government, the status quo of ever increasing usurpations and consolidation of power at the federal level will continue. One person can do very little. Collectively, the people's power is unlimited.There isn't much that one state representative can do about this problem. However, I have taken the first step by writing a letter to my congressman asking him to initiate impeachment proceedings against a federal judge. It is below:
Dear Congressman Wenstrup:
As a member of the Ohio General Assembly, I am writing you today to express my concerns about the federal government's ever growing propensity to violate state sovereignty. Although this has been a trend since the early 19th century, it has accelerated exponentially in recent decades.
Rather than the solution, the federal judiciary has been the primary problem. As you know, federal judges are appointed for life and the states and people (except as otherwise represented in Congress) are powerless against them. To that end, the US House of Representatives has the power to impeach and the US Senate has the power to remove them from office. This will begin the process of restoring state sovereignty back to the original intent of the US Constitution.
The drafters of the Constitution have provided this mechanism beyond appeal for the people to remove life appointments. Since 1797, there have been eight federally appointed judges removed from office and three more that resigned prior to their potential removal.
In consideration of the above, I am asking you to initiate impeachment proceedings against Judge Timothy S. Black, United States District Court for the Southern District of Ohio. The grounds are malfeasance and abuse of power.
As you might recall, in July 2013, Judge Black ordered that Ohio must recognize the "homosexual marriage" of John Arthur and James Obergefell. This is a clear violation of Article XV, Section 11 of the Ohio Constitution and the Tenth Amendment of the US Constitution. Additionally in September 2013, Judge Black ordered that Ohio must recognize the "homosexual marriage" of William Herbert Ives (deceased) and David Michener.
Judge Black has demonstrated his incompetence by allowing his personal political bias to supersede jurisprudence.
Thank you for your time expended in this matter. I can be reached at (614)466-8134.
Sincerely,
John Becker
State Representative
Ohio's 65th House District
Cc: John Boehner, Speaker of the US House of Representatives
As a member of the Ohio General Assembly, I am writing you today to express my concerns about the federal government's ever growing propensity to violate state sovereignty. Although this has been a trend since the early 19th century, it has accelerated exponentially in recent decades.
Rather than the solution, the federal judiciary has been the primary problem. As you know, federal judges are appointed for life and the states and people (except as otherwise represented in Congress) are powerless against them. To that end, the US House of Representatives has the power to impeach and the US Senate has the power to remove them from office. This will begin the process of restoring state sovereignty back to the original intent of the US Constitution.
The drafters of the Constitution have provided this mechanism beyond appeal for the people to remove life appointments. Since 1797, there have been eight federally appointed judges removed from office and three more that resigned prior to their potential removal.
In consideration of the above, I am asking you to initiate impeachment proceedings against Judge Timothy S. Black, United States District Court for the Southern District of Ohio. The grounds are malfeasance and abuse of power.
As you might recall, in July 2013, Judge Black ordered that Ohio must recognize the "homosexual marriage" of John Arthur and James Obergefell. This is a clear violation of Article XV, Section 11 of the Ohio Constitution and the Tenth Amendment of the US Constitution. Additionally in September 2013, Judge Black ordered that Ohio must recognize the "homosexual marriage" of William Herbert Ives (deceased) and David Michener.
Judge Black has demonstrated his incompetence by allowing his personal political bias to supersede jurisprudence.
Thank you for your time expended in this matter. I can be reached at (614)466-8134.
Sincerely,
John Becker
State Representative
Ohio's 65th House District
Cc: John Boehner, Speaker of the US House of Representatives
Why
did I decide to take action on this issue? If not me then who? If not
now then when? I certainly didn't do it to make friends with the
editorial page writers. Somebody needs to lead on this issue and there
are very few bright lights out there. I'm concerned that the judiciary
will attempt to use the Article
IV Section 1 Full Faith and Credit Clause of the US Constitution to
force any and all creative "marriages" on the states and the people.
This would be the next Roe v. Wade.
What's the problem with "homosexual marriage"? What's the problem with polygamy? How does it affect anybody else's marriage? If my neighbors were counterfeiting money, the value of my money would decrease. If marriage were to be redefined to mean anything and everything, it would mean nothing. The destruction of the family nucleus would continue the unraveling of the fabric of society. Obamacare kicked off a trend where companies are beginning to no longer cover employee spouses. Creative marriages would accelerate that trend. For businesses, it's a matter of controlling costs rather than ideology. I am standing with the people of Ohio and the Ohio Constitution by fighting to keep marriage a sacred institution between one man and one woman.
What's the problem with "homosexual marriage"? What's the problem with polygamy? How does it affect anybody else's marriage? If my neighbors were counterfeiting money, the value of my money would decrease. If marriage were to be redefined to mean anything and everything, it would mean nothing. The destruction of the family nucleus would continue the unraveling of the fabric of society. Obamacare kicked off a trend where companies are beginning to no longer cover employee spouses. Creative marriages would accelerate that trend. For businesses, it's a matter of controlling costs rather than ideology. I am standing with the people of Ohio and the Ohio Constitution by fighting to keep marriage a sacred institution between one man and one woman.
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