Conflicting Smoke Signals

Recently, the US Attorney General, Jeff Session declared that he and his DoJ would reverse course on the doctrine set forth under Obama and Holder and restart enforcement of federal drug laws as they pertain to marijuana. This, frankly, leaves me feeling ambivalent since one could say that I’m getting conflicting smoke signals… and neither of them have anything directly to do with either medical or recreational use of cannabis.

To me this is an example of federal overreach resulting in the Constitution being in conflict with itself at this time. I find that the entirety of the federal drug laws, except those that cover importation, exportation, or interstate trafficking, to be violations of the 10th Amendment of the US Constitution. However, the Take Care Clause (Section 3, Clause 5) of Article II of the Constitution requires that the Executive shall take care that the laws be faithfully executed. In other words, the Constitution requires the Executive branch to enforce the laws set forth by the Legislative branch unless and until the Judicial branch declares said laws to be null and void.

That conflict is what’s making me ambivalent about this whole thing, not my personal opinions of either medical or recreational use of marijuana.

Related Reading:

America Vol. 1: The Life and Times of America Chavez
America: Imagine a World without Her
The Bill of Rights: A User's Guide
Federal Securities Laws: Selected Statutes, Rules and Forms
The Constitution of the United States, Bill of Rights, Declaration of Independence, and Articles of Confederation: The Essential American Papers

Tags: | | | | | | | | | | | | | | |

Law: A Queer Thing Now

So right now there’s a lot of discussion and spewing of hatred over the SCOTUS’ decision in Obergefell v. Hodges, which now demands that all 50 States allow Queers to marry under the law. Most of the hate being spewed is, unsurprisingly, coming from the Liberals and Progressives and is both an orgy of gloating and implied threat of persecution – persecution now more likely after Obergefell.

In all truth, I’m rather ambivalent about this ruling from the SCOTUS. I’ve read the decision and it seems a solid and well-founded piece of law overall, but with one glaring problem – Judicial Tyranny over the States and the unintended negative consequences that bit of overreach may very well engender.

Queer Judicial Tyranny
The Law Seems A Queer Things These Days

While I have exactly zero issues with the idea of queers being able to marry and have always been an opponent and detractor of DOMA I firmly believe that the SCOTUS’ hearing of this case and rendering such a broad opinion is contrary to best interests of the nation and flies directly in face of previous SCOTUS rulings – utterly ignored by Justice Kennedy and the four Liberals on the Court – that unequivocally stated in Hisquierdo v. Hisquierdo that all laws pertaining to marriage are the purview of the several States and not the Federal Government.

Insofar as marriage is within temporal control, the States lay on the guiding hand.

“The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States, and not to the laws of the United States.

Indeed, I’m displeased by Obergefell for exactly the same reason as I was against DOMA. Marriage law has historically been a province of state law in the United States and it should stay as such. While the Supremacy Clause does allow the SCOTUS to do what they’ve done – it’s perfectly valid under Constitutional Law – one should not do something merely because one can or one feels for some person or group of persons.

And yes, this is what Justice Kennedy did. He ignored history and the long-standing weight thereof, previous SCOTUS rulings, and the negative impacts of the legal precedent this sets so as to lend aid and comfort to a group he favors – homosexuals. Remember always that Justice Kennedy is the one who through judicial action effectively legalized sodomy in America with his opinion on Lawrence v. Texas.

So, to all the queers out there – I’m honestly happy for you but I shudder to think of the damage you’ve caused the nation by how you’ve gotten what you felt you deserved.

Related Reading:

Politics (Dover Thrift Editions)
Husband in Pursuit: 31 Daily Challenges for Loving Your Wife Well (The 31 Day Pursuit Challenge) (Volume 1)
A Homosexual Historia & Other Queer Quandaries
The Anti-Test Anxiety Society
G.K. Chesterton Collection 40 Works: Innocence of Father Brown, Wisdom of Father Brown, The Ball and the Cross, The Man Who Knew Too Much, The Crimes of England, The Man Who Was Thursday, and MORE!

Tags: | | | | | | | | | | | | | |

Obama Vs. The States

Obama, the boy who would be king, has always had a problem with authority that doesn’t stem from himself, his handlers and overseers, or his direct underlings in the Executive.

Ghetto King Obama

Nowhere is this more obvious than when he’s dealing with the several States and the governments demanding that he, to at least some extent, abide by the 10th Amendment.

Louisiana’s Governor, Bobby Jindal ran into this attitude recently.

“When we met with him as governors, I asked him, why don’t you give the states more influence on accrediting higher education, to bring more competition in the marketplace?” Jindal said.

“Here’s the insulting thing: In a room full of Democratic and Republican governors, basically, in so many words he said, ‘We can’t trust states. We can’t trust governors to protect their own people.'”

Of course, to be fair, this goes a bit beyond and outside of Obama’s authoritarian streak. It’s also a cultural disconnect. The question of giving the states more influence on accrediting higher education smacks of States’ Rights; Obama is – by his choice – a Black; and Blacks have been inculcated to believe that States’ Rights is just a code phrase for racism.

Really! Expecting Obama to behave differently or better would be culturally insensitive and would be ignoring the weight of over 150 years of Blacks being taught to be against the several states having any level of authority or autonomy. 😉

Related Reading:

Right State
The Evangelicals: The Struggle to Shape America
The Ideological Origins of American Federalism
The Age of Federalism
Dinner Illustrated: 175 Meals Ready in 1 Hour or Less

Tags: | | | | | | | |