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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Bypassing Posse Comitatus

David Franke writes: An executive order signed by President Clinton and used by President George W. Bush purportedly allows U.S. Special Forces to bypass the Posse Comitatus Act. We have to say “purportedly” because—of course—key parts of the executive order are classified. Scahill asks the natural followup question: “To what extent are U.S. Special Forces…

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