"All causes of marriage...shall be heard and determined by the governor and council, until the legislature shall, by law, make other provision." (PART THE SECOND, Ch. III, Article V.)In hearing the Goodridge case and issuing an opinion, four of the seven judges violated the Supreme Law of Massachusetts. Massachusetts courts have admitted, on other occasions, that neither they nor legislators, nor the governor are authorized to violate the Constitution:
g[The words of the Constitution] are mandatory and not simply directory. They are highly important. There must be compliance with them.h (Town of Mount Washington v. Cook 288 Mass. 67)Nevertheless, after these judges issued an illegal opinion, you told the citizens of Massachusetts and all of America that you had no choice but to "execute the law." Oddly, you were not referring to a law, but to the judgesf opinion.
"[T]he people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent." (PART THE FIRST, Article X.)The Constitution also disproves your assertion to the nation that the marriage statute (M.G.L. Chapter 207) was somehow suspended or nullified by the four judges:
"The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for." (PART THE FIRST, Article XX.)In light of both your actions and your explanations, it comes as a great surprise to many of us to learn that, under the Massachusetts Constitution, judges cannot suspend or alter statutes. This principle is clearly fundamental to Massachusetts' system of government and is restated in multiple ways.
"The judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men." (PART THE FIRST, Article XXX.)We note that the Massachusetts Constitution so completely protects citizens from the rule of judges that even laws passed in the Colonial period before the Constitution itself was ratified cannot be suspended by judges:
"All the laws which have heretofore been adopted, used and approved c shall still remain and be in full force, until altered or repealed by the legislaturec" (PART THE SECOND, Article VI.)We note, Governor, that in all of your justifications to the nation, there was no mention of these parts of the Constitution which you swore to defend. Why? Even this same court is forced to admit:
"The Constitution as framed is the only guide. To change its terms is within the power of the people alone." (Opinion of the Justices, 220 Mass. 613, 618)We note Massachusetts Chief Justice Hutchison's words in 1767: "laws should be established, else Judges and Juries must go according to their Reason, that is, their Will" and "[T]he Judge should never be the Legislator: Because, then the Will of the Judge would be the Law: and this tends to a State of Slavery.' " As Judge Swift put it in 1795, courts "ought never to be allowed to depart from the well known boundaries of express law, into the wide fields of discretion."
"The courts [instructing] when and how to perform...constitutional duties" (mandamus) "is not available against the Legislature [or] against the Governor)."We also note this ruling in 1969: "an unconstitutional overreaching by the judiciary is an act that is gnot only not warranted but, indeed, [is] precluded.h (Commonwealth v. Leis)
"The...principles expressed in...the Massachusetts Constitution...call for the judiciary to refrain from intruding into the power and function of another branch of government." (LIMITS v. President of the Senate, 414 Mass. 31, 31 n.3, 35 (1992)
gHere, no one argues that striking down the marriage laws is an appropriate form of relief."In fact, they admitted that under the statute, Chapter 207 of the Massachusetts General Laws, homosexual marriage is illegal: gWe conclude, as did the judge, that M.G.L. c. 207 may not be construed to permit same-sex couples to marry.h
"But the statute, so long as it stands, imposes upon both branches [of the Legislature] uniformity of procedure so far as concerns this particular matter. One branch cannot ignore it without a repeal of the statute. A repeal can be accomplished only by affirmative vote of both branches and approval by the governor." (Dinan v. Swig, 223 Mass. 516, 519 (1916)Nevertheless, with no legislation authorizing you to do so, you ordered the Department of Public Health to change the words on marriage licenses from "husband" and "wife," to "Partner A" and "Partner B." Stunningly, you later admitted that without enabling legislation you cannot change birth certificates in a similar way.
. they violated the oath of office, a constitutional felony, and
. as a citizensf constitutional petition, that initiative remains pending until brought to one of the five final actions the Constitution requires and
. therefore their crime against the Constitution is perpetual and without statute of limitations
. unless they vote, you will call them into session on that original marriage petition and
. will order the state police to arrest them and bring them to the chambers to vote (as the Governor of Texas ordered in May 2003 when Texas legislators refused to convene a quorum).
I wonder which?
FUMR
We note that, despite the court's admission that the statute prohibits ghomosexual marriage, and the Constitution's statement that only the Legislature can suspend laws, you ordered officials to perform homosexual marriages and thus violate the statute (a crime under c. 207 48), and the oath of office by. Those who refused, you ordered to resign."
There is simply no question that Mitt Romney simply ignored the Massachusetts Constitution, statute law, ancient traditions, social covenants, and his very oath of office, when he forced the adoption and recognition of gay 'marriage' in that state.
That is the very definition of a criminal act, in my observation. And this is but one of many of his heinous transgressions against the trust that was vested in him by the people of Massachusetts.
That he would conspire with radical leftists, using the power of his office to forward their destructive agenda, then have the gall to stand before the American people and ask to be their president, is the very height of hubris.
That Americans who believe in our Constitution, the rule of law, our ancient Judeo-Christian traditions and social covenants, would actually support this enabler of evil for president, is the height of lunacy.
Pshaw, there you go with all that "Constitution" stuff again. Don't you know that people like Mitt Romney don't need to follow the Constitution? The Constitution is just for little people.