Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

U.S. Attorney General Eric Holder doesn't know the difference between the 5th and 14th Amendments
AIPNews.com ^ | Feb. 23, 2011 | staff

Posted on 02/23/2011 2:09:33 PM PST by EternalVigilance

U.S. Attorney General Eric Holder doesn't know the difference between the Fifth and the Fourteenth Amendments.

From CNN :

WASHINGTON (CNN) – Attorney General Eric Holder today sent a letter to House Speaker John Boehner, after determining that Section 3 of the Defense of Marriage Act, “as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment.”

Aside from the sheer immorality of this move, the equal protection clause is not in the Fifth Amendment, it's in the Fourteenth Amendment:

"No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."  -- the Fourteenth Amendment

CNN has the text of Holder's letter here ...

Paragraph 1:

After careful consideration, including review of a recommendation from me, the President of the United States has made the determination that Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7, as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment. Pursuant to 28 U.S.C. § 530D, I am writing to advise you of the Executive Branch’s determination and to inform you of the steps the Department will take in two pending DOMA cases to implement that determination.

 

*hat tip to Savvy at AIPNews for catching this!


TOPICS: Constitution/Conservatism; Editorial
KEYWORDS: doma; holder; homosexualagenda
Navigation: use the links below to view more comments.
first previous 1-2021-4041-50 next last
To: EternalVigilance
Well, of course our first affirmative-actioned AG would be under our first affirmative-actioned POTUS.
21 posted on 02/23/2011 2:27:28 PM PST by E. Pluribus Unum ("If they bring a knife to the fight, we bring a gun." -- Barry Soetoro, June 11, 2008)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EternalVigilance

And this is news?


22 posted on 02/23/2011 2:28:59 PM PST by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: samtheman

“gound”
–noun
Gummy matter in sore eyes.
An obsolete or dialectal form of gown.
Wiktionary (1 definition)

–noun
(obsolete) mucus produced by the eyes during sleep


23 posted on 02/23/2011 2:31:29 PM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
[ Post Reply | Private Reply | To 18 | View Replies]

To: EternalVigilance

And people are surprised? I know the MSM media isn’t because they don’t know either, otherwise it’s be flashed on CNN.


24 posted on 02/23/2011 2:32:00 PM PST by ReverendJames (Only A Painter Or A Liberal Can Change Black To White.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EternalVigilance

Sounds to me that if they don’t wish to defend this law, then they should be defunded. We certainly don’t need justice lawyers sitting around with nothing to do.


25 posted on 02/23/2011 2:35:30 PM PST by HarleyD
[ Post Reply | Private Reply | To 1 | View Replies]

To: EternalVigilance
Holder's letter made reference to the "equal protection component" of the Fifth Amendment. That is not an uncommon way, nowadays, for the concept of "reverse incorporation" to be expressed.

See, e.g., Washington v. Davis, 426 U.S. 229, 239 (1976): "The central purpose of the Equal Protection Clause of the Fourteenth Amendment is the prevention of official conduct discriminating on the basis of race. It is also true that the Due Process Clause of the Fifth Amendment contains an equal protection component prohibiting the United States from invidiously discriminating between individuals or groups. Bolling v. Sharpe, 347 U. S. 497 (1954)."

26 posted on 02/23/2011 2:36:02 PM PST by DSH
[ Post Reply | Private Reply | To 13 | View Replies]

To: EternalVigilance

The due process clause applies against the federal government via the 5th amendment.


27 posted on 02/23/2011 2:38:39 PM PST by socalgop
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurking Libertarian

Well holy penumbras!


28 posted on 02/23/2011 2:42:12 PM PST by HiTech RedNeck (Hawk)
[ Post Reply | Private Reply | To 6 | View Replies]

To: EternalVigilance

Chris Matthews soon to come to Holder’s defense. Stellar legal mind that he is.... < / sarc


29 posted on 02/23/2011 2:43:28 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EternalVigilance

Yikes!

Affirmative action at its finest. That is scary.


30 posted on 02/23/2011 2:45:12 PM PST by GatorGirl (Eschew Socialism!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dr. Bogus Pachysandra

No wonder spellcheck didn’t catch it. It’s a word!


31 posted on 02/23/2011 2:48:19 PM PST by samtheman
[ Post Reply | Private Reply | To 23 | View Replies]

To: EternalVigilance
Jailbirds
32 posted on 02/23/2011 2:49:35 PM PST by FrankR (The Evil Are Powerless If The Good Are Unafraid! - R. Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: samtheman

Spell czech is knot yore friend!


33 posted on 02/23/2011 2:58:48 PM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
[ Post Reply | Private Reply | To 31 | View Replies]

To: rawhide

Obama hires people around him based on how much the worship him, not on their abilities. I heard today that several of his cabinet members had not received so much as a phone call from him in over 2 years.


34 posted on 02/23/2011 3:23:06 PM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: DSH
the Due Process Clause of the Fifth Amendment

There is no such express "clause" in the Amendment.

Of course, even without such an explicit clause, I agree that the requirements in the Amendment apply to the the federal government, and should protect all persons.

At least the people's legitimate rights, of which sodomy is not one.

35 posted on 02/23/2011 3:26:35 PM PST by EternalVigilance (Separate school and state, before it's too late.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: DSH

As usual, they have the world turned on its head.

DOMA is meant to protect states from having to accept sodomy fake marriage, just because other states have in some way or another (mostly by judicial fiat) accepted such immoral nonsense.

So, as usual, the Left has everything exactly backwards. This is just one more example.


36 posted on 02/23/2011 3:35:14 PM PST by EternalVigilance (Separate school and state, before it's too late.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: samtheman; Dr. Bogus Pachysandra

Maybe Holder doesn’t know his gound from a hole the butt. Or maybe he got gound from having his head up his butt so much.


37 posted on 02/23/2011 3:42:24 PM PST by Enterprise (TSA - The Silly Agency)
[ Post Reply | Private Reply | To 31 | View Replies]

To: EternalVigilance
 
 
U.S. Attorney General Eric Holder doesn't know the difference between the 5th and 14th Amendments
 
He doesn't have to, no more than knowing the difference between a flat-blade and a phillips screwdriver. He's a hack whose job is to run interference for benefit of the regime. No more, no less. His job is safe for a long as he wants it, and he knows it.
 
 

38 posted on 02/23/2011 3:47:54 PM PST by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EternalVigilance

The people in charge took an oath to uphold the laws of America. Failure to due so is grounds for removal from office.


39 posted on 02/23/2011 3:56:07 PM PST by DMG2FUN
[ Post Reply | Private Reply | To 1 | View Replies]

To: Logical me

Ditto


40 posted on 02/23/2011 4:02:32 PM PST by bmwcyle (It is Satan's fault)
[ Post Reply | Private Reply | To 9 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-50 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson