martha-coakleyThey 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 the Bay State against the federal government challenging the constitutionality of the federal Defense of Marriage Act, which defines marriage as a union between a man and a woman.

In its lawsuit, Massachusetts has argued that DOMA’s definition of marriage violates the 10th Amendment as well as the Constitution’s Spending Clause by forcing “the Commonwealth to engage in invidious discrimination against its own citizens in order to receive and retain federal funds in connection with two joint federal-state programs.”

Wow, Martha’s complaint sounds an awful lot like it could have been lodged against ObamaCare!

One can only hope that cases like this will help bring more people on both sides to the inevitable conclusion that if federalism can work to release the pressure of one divisive cultural issue in 50 different directions, it can do the same for all such issues.

Here’s a novel idea: Rather than citing the Constitution when we like it, and ignoring it when we don’t, let’s stop asking or allowing the feds to exercise any power that isn’t specifically enumerated, from subsidizing health care to defining marriage to prosecuting the war on drugs.


Concordia res parvae crescunt


Small things grow great by concord...

Tenth Amendment Center


"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


FOLLOW US

Get in Touch

1 + 14 =


MAIL:
PO BOX 13458
Los Angeles, CA 90013


PHONE:
213.935.0553

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

108 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

maharrey minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens.

maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues – history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose – the “Foundation of the Constitution.”

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history – and today.

nullification