Is Gay Marriage the Key to Ending Obamacare?

In David Kopel’s July 9th post, he shares with readers some of the legal reasons why the recent Gay Marriage decision was a boon for Tenthers.  Though current nullification efforts do not depend on the courts for validation, this article is important to study.  Many Americans still find themselves as disciples of the judiciary & for debates with people of this mindset, you can share with them some of the points below.  It seems that even the courts are taking a renewed interest in our Tenth Amendment.
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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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Are Same Sex Marriage Advocates Actually Tenthers?

They are if they oppose the federal Defense of Marriage Act on constitutional grounds. Which, as it turns out, is exactly what supporters of same sex marriage are doing in Massachusetts. From the Wall Street Journal: Last week, Massachusetts Attorney General Martha Coakley moved for summary judgment in a lawsuit, filed last July, brought by…

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Massachusetts Says Federal Marriage Law Unconstitutional

From the Associated Press: Massachusetts Attorney General Martha Coakley says a federal law that defines marriage as a union between a man and a woman interferes with her state’s right to regulate the institution. Coakley’s office filed a lawsuit in July challenging the federal Defense of Marriage Act. In papers filed late Thursday, Coakley asks…

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