On Monday, the State of Utah will seek to get a stay from the Supreme Court on the tyrannical ruling of Judge Shelby.  The case will be heard by Sonia Sotomayor, a known champion of the homosexual movement.  Exactly what does the State hope to accomplish?  Miracles do happen, but the chances of her issuing a stay are about as good as me becoming an NFL quarterback.  And what if she does issue a stay?  In a few months, the case will still be heard by the same 10th Circuit Court which refused to even issue a stay. Activist judges are not going to solve this problem.  As much as the State wants to shove a square peg in a round hole, it's not going to work.  The only way out of this mess is to do something that will work.  The State has a way of ending this problem right now: The option of nullification.  

What would the Founders think of nullification?
Nullification goes back to to Thomas Jefferson in 1798.  At the time, the all three branches of government were controlled by the Federalists.  The Congress passed a law known as the Sedition Act which made it a crime to say anything negative about the President.  Thomas Jefferson and several others rightly saw this to be a serious violation of the First Amendment.  But what could they do?  The federalist controlled the Congress and the Courts.  Jefferson devised the ingenious solution of appealing to the states, and argued that the states can nullify any unconstitutional action of the Federal Government.  It worked, and the Sedition Act was relegated to the dust bin of history. 

Isn't this process outdated?

Nullification is currently being used by several states in response to federal action ranging from the Affordable Care Act to EPA regulations.  

Doesn't this violate the Supremacy Clause?  

The Supremacy Clause existed in the days of Jefferson until this time.  It is does not remove the power of nullification from the states.  The Supremacy Clause gives power to the Federal Government to act within the confines of the Constitution, when they act outside of the limits placed by the Constitution, the states have the power to nullify. 

How does Judge Shelby's ruling violate the Constitution? 

The Constitution limits the areas in which Federal Government has authority, these are known as the enumerated powers, these can be found in Article 1 Section 8.  The framers of the Constitution wanted to make it clear that anything which is not listed is the enumerated powers was under the authority of the states and the people; for this reason they created the Tenth Amendment which states: 
"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."
This is why the states have been in control of marriage for our entire history.  This is the reason the Defense of Marriage Act was struck down.  Constitutionally speaking, judge Shelby should not have even heard the case; it should have been thrown out.  Unfortunately, the Judicial Branch of the government is more concerned with activism than it is with actually following the Constitution.  

It is as Thomas Jefferson so rightly stated:
"To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine; and indeed one that would place us under the despotism of an oligarchy."
It is time for the State to stop wasting time.  Our so-called conservative lawmakers need to show some courage and stand against this judicial tyranny.  They need to exert the will of the people.  Most importantly, they need to defend the constitution!  

What can we do?
  • Spread this message on social media and by word of mouth.
  • Contact State and county officials within the State of Utah and let them know you want them to exercise their rightful power of nullification.


5 comments:

  1. You're an idiot! I hope you don't have kids. Because, if you do, you're gonna make them fatherless. Gay marriage is here to stay and nullification doesn't apply here. For your family's sake, eat something!

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  2. I respect your right to express your opinion, but I am convinced that the way you have chosen to express your opinion will lead to nothing good. There is a slight chance that Justice Sotomayor will issue a stay. If she does, I encourage you to eat while that stay is in effect, else you may go the rest of your life without food.

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  3. Please do not reproduce. Please.

    ReplyDelete