Monday, January 10, 2011

Re: GAY RIGHTS

Please reread DOMA. The wording is very carefully done so as to NOT step on the states toes in any way. 

The Feds and each and every separate political division at each and every level of government or judiciary has the right to define any word for their own use, including Congress for clarity of intent.

Recent ignoble example is the Clinton investigation where the special prosecutor was able to classify sodomy (1) as defined by Statute in DC as sex  (1) which is also defined by statute in DC. Clinton was telling the truth by DC Law but lying to the Federal special counsel as HE defined the words/terms. 

   (1) specific acts are listed with the definitions in DC statute.

On Sun, Jan 9, 2011 at 2:08 PM, MJ <michaelj@america.net> wrote:
At 10:16 PM 1/8/2011, you wrote:
If you read DOMA, that is EXACTLY what it says.... It leaves it to
each and every state.

Whatever DOMA says is irrelevant.  The Constitution provides
NO Power To Congress To make any such legislation.  In fact,
AIV, Section 1 is contrary.

Let me READ it to you:

   Full Faith and Credit shall be given in each State to the
   public Acts, Records, and judicial Proceedings of every
   other State. And the Congress may by general Laws
   prescribe the Manner in which such Acts,Records and
   Proceedings shall be proved, and the Effect thereof.

As is plain to see, Congress may, for instance, make a law
requiring pink paper be used for the documentation of the
public act as it is 'transferred' ... but EVERY State MUST
recognize the public acts (ie. marriage), Records and judicial
proceedings of every other State.

There is no Power/Authority or otherwise for the Congress to
"except" some, a few or all.

Congress 'defining' certain public acts is also contrary.  It is
up to each state to make that call ... and for all others to extend
Full Faith and Credit for them.

Them thar is the Constitution.


Regard$,
--MJ

"[T]he ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it."   -- Felix Frankfurter, Graves v. New York, 306 US 466 (1939)






As to definition for Federal use ONLY it does define the terms (just
use other words you idiot)
"Marriage" and "Spouse".... the law is very exact and has no breathing room.

Every court/jurisdiction/local/district/state/agency or branch has the
right to "Define" terms and their applicability for use within their
domain as long as it is non-conflicting.

On 1/8/11, MJ <michaelj@america.net> wrote:
>
> STILL no Constitutional citation.
>
> Here is that document the House purportedly read the other day:
>   http://www.constitution.org/cons/constitu. txt
>
> So WHERE is the Article, Section and Clause or Amendment
> that provides Congress the Power To make such legislation?
>
> Article IV, Section 1 is contrary to your  effort.
>
> This is clearly and plainly no concern nor business of the Feds.
>
> Regard$,
> --MJ
>
> "[T]he ultimate touchstone of constitutionality is the Constitution itself
> and not what we have said about it."   -- Felix Frankfurter, Graves v. New
> York, 306 US 466 (1939)
>
>
>
> At 06:33 PM 1/8/2011, you wrote:
>>
>> ""No State, territory, or possession of the United States, or Indian
>> tribe, shall be required to give effect to any public act, record, or
>> judicial proceeding of any other State, territory, possession, or tribe
>> respecting a relationship between persons of the same sex that is treated
>> as a marriage under the laws of such other State, territory, possession,
>> or tribe, or a right or claim arising from such relationship.
>>
>> This is no different than the law regarding Marriage that exists anyway.
>> It allows each and every State to exercise the Rights they ALREADY have
>> and exercise by treaty among the Several States.
>>
>> In determining the meaning of any Act of Congress, or of any ruling,
>> regulation, or interpretation of the various administrative bureaus and
>> agencies of the United States, the word 'marriage' means only a legal
>> union between one man and one woman as husband and wife, and the word
>> 'spouse' refers only to a person of the opposite sex who is a husband or a
>> wife.
>>
>> This is simply upholding the States rights to issue permits and licenses
>> as they see fit while reserving the legal "definition" of two words ...
>> "marriage" and "spouse" on a Federal level. It does not preclude or
>> disallow civil unions that are legally binding but do not include these
>> terms.
>>
>>
>>
>> On Sat, Jan 8, 2011 at 4:13 PM, MJ <michaelj@america.net> wrote:
>>
>> <sigh>
>> So you CANNOT support the drivel you presented.
>>
>> There, of course, is no such thing as "Article III, Amendment I"
>>
>> Want to try again?  Apparently not.
>>
>>
>> Regard$,
>> --MJ
>>
>> "[T]he ultimate touchstone of constitutionality is
>> the Constitution itself and not what we have said
>> about it."
>> Felix Frankfurter, Graves v. New York, 306 US 466 (1939)
>>
>>
>>
>> At 05:07 PM 1/8/2011, you wrote:
>>>
>>> No, I need not identify anything.  You are the one that chose to bring
>>> the subject matter up, and I answered your question!  It is, what it
>>> is.
>>>
>>> Read, study, (away from and apart from the
>>> "Militiamen/TaxProtest/Anti-Illuminati/AlexJones/PrisonPlanet/Conspiratorialist
>>> web sites Michael!!
>>>
>>> <Grin>!!
>>>
>>>
>>>
>>> KeithInKöln
>>>
>>>
>>>
>>> On Sat, Jan 8, 2011 at 10:48 PM, MJ <michaelj@america.net> wrote:
>>> You will need to (better) identify some Article, Section and Clause or
>>> Amendment of the US Constitution.
>>> I provided a copy for simplicity:
>>> http://www.constitution.org/cons/constitu. txt
>>>
>>> Regard$,
>>> --MJ
>>> "[T]he ultimate touchstone of constitutionality is
>>> the Constitution itself and not what we have said
>>> about it."
>>> Felix Frankfurter, Graves v. New York, 306 US 466 (1939)
>>>
>>>
>>>
>>>
>>>
>>> At 04:27 PM 1/8/2011, you wrote:
>>>>
>>>> For starters Michael, try "Article The Third, Amendment One"
>>>> On Sat, Jan 8, 2011 at 8:34 PM, MJ <michaelj@america.net> wrote:
>>>> DOMA is very much Constitutional.
>>>>
>>>>
>>>>
>>>> Really?  How about citing the article, section and clause or amendment
>>>> you imagine it is based.
>>>> Here is the Constitution:
>>>> http://www.constitution.org/cons/constitu.txt
>>>> Regard$,
>>>> --MJ
>>>>  "[Some people] have a depraved taste for equality, which impels the
>>>> weak to lower the powerful to their own level, and reduces men to prefer
>>>> equality in slavery to inequality with freedom" -- Alexis De
>>>> Tocqueville.
>>>>
>>>> --
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>>>> breaking news, and more.
>>
>>
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>
>
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--
Mark M. Kahle H.

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--
Mark M. Kahle H.

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