Proof the DOMA Ruling was Spot On.

Well, “proof” is defined by perspective, right? All the proof I need on this one is just one man’s name.

Jack Balkin.

Jack is a “leading constitutional scholar” from Yale. What does that mean? He advocates the living constitution. You know the one – the kind of constitution that morphs and changes based on the whims of politicians, judges, and Jack himself.

I consider him one of the worst of the worst in this field. And, what did he have to say about the DOMA case?

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Federal Court Makes Rare Ruling in Favor of the 10th Amendment

A Federal Judge today ruled in favor of the Tenth Amendment, which is an unusually rare result. What was the issue? DOMA and gay marriage. From the WSJ blog:

U.S. District Judge Joseph Tauro ruled that the federal Defense of Marriage Act, which prevents the federal government from giving pension and other benefits to same sex couples, is unconstitutional, reports the Associated Press.

Tauro wrote that the 1996 law ran afoul of the Constitution’s Tenth Amendment. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and in doing so, offends the Tenth Amendment,” Tauro wrote.

The problem, though, is that they don’t apply this same principle to everything. They should – and need to.

A few quick points.

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Supreme Court Gun Decision Won’t Affect NYC

Already, one serious gun control group is HAPPY….you got that?….with the new supreme court ruling. New Yorkers Against Gun Violence (a gun-control group), is pleased with the decision. Says the director: All the other amendments have reasonable restrictions on them. So I actually really like the Heller decision and the McDonald decision because they put…

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Supreme Court Nominee Could Coronate Obama

Writes Bruce Fein: …If confirmed by the United States Senate, Supreme Court nominee Elena Kagan will crown President Obama with “imperial” constitutional powers. Congress and Federal Courts will wither as checks against his presidential usurpations or abuses whenever war or other national security claims are bugled over Iran, North Korea, Yemen, international terrorism, economic adversity,…

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Disposing the Doctrine of Judicial Supremacy

In addition to Robert Nagel’s column on rejecting judicial remedies for our political disagreements (posted earlier on the Tenther blog), National Review Online has also treated us to two columns by Prof. Robert Lowry Clinton. The first, “Judicial Supremacy and the Constitution,” disposes of the doctrine of judicial supremacy by looking at the Supreme Court’s…

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Against Judicial Supremacy

Much has been made of the coalition of state attorneys-general suing the federal government over the constitutionality of the recently enacted health care bill. But while many of us are happy to see the state governments taking some form of action to preserve their powers and to protect the liberties of their citizens from federal…

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Civil Commitments: Necessary and Proper?

Las Monday the Supreme Court in United States v. Comstock, held that Congress has the power under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to enact 18 U.S.C. § 4248. Section 4248 authorizes court-ordered civil commitment by the federal government of two categories of “sexually dangerous” persons: (1) “sexually…

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Supreme Court of the United States or The World?

The United States Supreme Court leftists have once again decided to crush the Constitution and the 10th Amendment by striking down a juvenile sentencing law simply because they don’t like it personally and–the most outrageous reason–because they cited the fact that other countries have long since abandoned this practice. And this despite the fact that…

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The Case Against Case Law

Today when you hear the term Constitutional Scholar or Constitutional Expert you get the image of someone who has studied the Constitution and perhaps the Ratification Debates as well as the federalist papers. Someone who has studied the philosophers whose opinions were crucial to how our nation was to be governed like Blackstone, Cicero and…

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We need to reclaim the Constitution from the Supreme Court

Dr. Robert Lowry Clinton has a fantastic article in the National Review this week. (h/t Mike Rogers) Here’s an excerpt: Many Americans are puzzled and angry about the judicial assault on religion, morality, and common sense that has been going on for the past few decades. People wonder, for example, how the First Amendment (which…

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