The Congress, which makes ALL LAWS concerning the United States of America, only has certain areas that they can control or regulate. Nothing more. Everything else that arises, is reserved to the STATES, or to the PEOPLE. Refer to the 10th Amendment.
To start with, let us review the POWERS of the U.S. Federal Government and the U.S. Judicial Authority. The U.S. Constitution is the “LAW of the Land”. All U.S. Code, Code of Federal Regulations (CFRs) and laws created after the ratification of the Constitution, are NOT the law of the land. These are simply legislative actions. Any of these legislative actions, that fall OUTSIDE of the ‘Enumerated Powers’ of the U.S. Congress are actually NULL & VOID. People have not been taught this for about 140 plus years.
SECTION. 8. The Congress shall have Power To lay and collect Taxes…
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization…
To coin Money…
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts…
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War…
To raise and support Armies …
To provide and maintain a Navy…
To provide for calling forth the Militia…
To provide for organizing, arming, and disciplining, the Militia…
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings; -And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Ok, we’ve established WHAT the U.S. Federal Government, and Congress has the power to do. These are called the Enumerated Powers. This is ALL that the feds have power to regulate or control. PERIOD! These 17 items listed above.
Now, let us focus on the Judicial Branch – Article III of the US Constitution. Here’s a Brief Portion —
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority…”
Then it goes on to say —
“—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
So again, we’ve established WHERE the U.S. Supreme Court has jurisdiction. They do NOT have jurisdiction over a ‘State Law’ or a ‘State Constitutional Amendment’ created legally by that said state. The U.S. Congress has NOT made a law that says anything about Marriage. They don’t have that power — refer to the 17 powers that they do have. Since there is NO U.S. Federal Law, There is no power given to the SCOTUS, or any other INFERIOR U.S. COURT to rule, or make an ‘OPINION’ on.
Remember — Courts don’t make RULES / Rulings, they create what is called “OPINIONS”! And a COURT, or an individual judge, doesn’t make a decision on whether someone is GUILTY of a crime. That job is given to what is called a ‘Jury of your peers’.
For a great link to the TEXT of the Entire U.S. Constitution …
For those of you that might want to invoke the 14th Amendment, Equal Protection for Same Sex Marriage argument, please allow me to address it for a minute —
… nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The U.S. Constitution ALSO clearly states in Article III, Section 2, Clause 3 —
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…
So let us again review the current case of Ms. Kim Davis (the Clerk in Kentucky). She has been JAILED for the crime of ‘Contempt of Court’ by a Federal U.S. Judge — David Bunning. She is being held without a bond being set for her. She has NOT been found guilty, by a Jury, of committing any crime whatsoever.
This my dear readers, is what is called ‘Judicial Tyranny’!
Respectfully submitted by SilenceDogood2010 this Fifth Day of September in the Year of our Lord, Two Thousand and Fifteen.