Congress Should Preempt Marriage Issue

London Telegraph ^ | May 8th, 2015 | reasonmclucus

[kathsua]

Members of Congress take the same oath and thus collectively have the same authority to interpret the Constitution. All Congress needs to do to express an opinion on the Constitution is for each house to vote to adopt a joint resolution on the subject.

Republicans should seriously consider passing a resolution stating that the judicial branch has no authority to tell the states how they can define marriage.

[kathsua]

Sounds good, but realistically are their enough Republicans in Congress who have the courage to stand up to the Justices of the Supreme Court and tell them the lower courts have gone way over the line on this issue? Maybe we need to write our Congressmen and local papers to encourage Congress to show it is an equal branch of government to the Supreme Court.

[Genoa]

The RINO majority doesn’t want to lose face with their peers in Washington. Nice try, though.

[DiogenesLamp]

Won’t work because most of our side will roll-over like the milquetoast pansies that they are.

[Blood of Tyrants]

Congress already has the power to limit the jurisdiction of the federal courts.

[GeronL]

Congress can take the issue out of the courts jurisdiction I think

[Bubba_Leroy]

The Constitution says whatever 5 out of 9 Supreme Court Justices say it says.

It stopped being about what the Constitution actually says back in the late 1930s when Roosevelt first packed the Court with socialists. Now it is all about 9 un-elected emperors for life deciding what they want the Constitution to say.

Scalia and Kennedy are both turning 80 next year. The next president will almost certainly replace at least one of them and probably both. If Hillary gets to replace them then far left wing liberals will be legislating from the bench for the next 30 years.

Be afraid. Be very afraid.

[OneWingedShark]

Won’t work because most of our side will roll-over like the milquetoast pansies that they are.

You're not being harsh enough: it won't work because the Republican party wants this, they just don't want to be held accountable. Just like their handwringing over the stonewalling of Fast & Furious or Benghazi or the NSA's domestic espionage… they want it, that is why they do not oppose it.

[OneWingedShark]

Congress can take the issue out of the courts jurisdiction I think

Art 3, Sec 2, Para 2 of the Constitution for the United States.

[Jacquerie]

You are correct. Article III provides for congressional supremacy over federal courts. Congress could remove fag marriage from the courts’ jurisdiction.

But hey, why bother? To do that might cost a few members some votes. That is why it is absolutely necessary to remove senators from popular elections and return them to the states.

Article V before we can’t

[DiogenesLamp]

You're not being harsh enough: it won't work because the Republican party wants this, they just don't want to be held accountable. Just like their handwringing over the stonewalling of Fast & Furious or Benghazi or the NSA's domestic espionage… they want it, that is why they do not oppose it.

There is much merit to looking at Republicans and Democrats as the Uni-Party. It now seems as though their overlapping interests are becoming more and more obvious.

[Intolerant in NJ]

Congress Should Preempt Marriage Issue...they did - it's called DOMA - the Defense of Marriage Act - signed by Bill Clinton - the Supreme Court has already sort of invalidated a portion of it in saying that if a state has defined marriage other than how it's defined in DOMA (one man one woman) the state's definition prevails over DOMA's - interestingly this would seem to imply that the federal government should keep away from the issue of marriage and leave it up to the states to define which could run against same-sex marriage in the Court's upcoming opinion....