By: Bryan FischerPosted: Monday, May 9, 2016 1:08 PM Select Language▼ Bryan FischerHost of "Focal Point" Connect Follow More Articles If Judge Moore goes down, the last vestige of true freedom will go down with him. - Bryan Fischer The Constitution gives absolutely no authority, none, to the federal government to dictate marriage policy to the states. You can read the Constitution left to right, right to left, backwards, upside down while hanging from the ceiling, and in Sanskrit and you will not find the word marriage in there anywhere.
That means under the Founders Constitution - not the Constitution as mangled and shredded by the judiciary - marriage is an issue reserved exclusively for the states.
When the Obergefell case was decided by the Supreme Court, its ruling legally applied only to the plaintiffs before it, as is true in any case before any court. The concept of judicial review - in which the Court, and not Congress, gets to decide what the law is - is not found in the Constitution anywhere. It was invented out of the ether by Chief Justice John Marshall in 1803 as a way for the Court to grant dictatorial authority to itself over the freedom-loving Thomas Jefferson.
Jefferson was well aware of the lethal results to our republican form of government if the concept of judicial review were ever accepted. The Court would become a super-legislature where laws would be made rather than applied. His warnings were prescient but went unheeded.
Lincoln echoed Jefferson when he declared that if we ever accept the conceit that the Supreme Court has the final word on any subject, the people will have ceased to be their own rulers. His warning likewise went unheeded.
Until, that is, Judge Roy Moore, chief justice of the Supreme Court of Alabama came along. Judge Moore seems to be the only jurist in America who understands the constitutional limits to the Supreme Courts authority.
The Supreme Courts authority is only supreme in cases in which it has jurisdiction according to Article III, and only with respect to the plaintiffs before it. Judge Moore quite correctly observed that Alabama was not a litigant before the Court in the same sex marriage controversy that led to the Obergefell opinion. So while the 16 couples who were before the Court in Obergefell can get their marriage licenses, its ruling has no binding authority on the state of Alabama.
Abraham Lincoln said exactly the same thing with regard to the obscene Dred Scott opinion. He accepted the Courts ruling with regard to Scott and his owner, but flatly denied that the Courts ruling had any binding or precedential effect anywhere else in the Union.
So Judge Moore fulfilled his sacred oath of office to uphold the federal Constitution (which leaves marriage to the states) and the Alabama state constitution (which defines marriage as a man-woman institution) by declaring that same-sex-marriage is still illegal in the state of Alabama.
In other words, the only judge in the entire marriage debacle who is actually following the Constitution is Judge Roy Moore.
And hes about to be disrobed and defrocked for having the temerity to actually do what he was sworn into office to do:
The Alabama Judicial Inquiry Commission on Friday filed ethics charges against Moore, saying that the state chief justice abused the power of his office and displayed disrespect for the judiciary. Moore, 69, has been automatically suspended from the bench until there is a resolution.
Moore is being represented by Mat Staver, the attorney who so capably and resolutely stood with Kim Davis, the county clerk who was imprisoned for her faith by a federal judge in Kentucky.
Constitutional liberty now has just one lone judicial defender in America. If Judge Moore goes down, the last vestige of true freedom will go down with him. We truly will no longer be citizens but serfs, abjectly submissive to our judicial overlords.
Judge Roy Moore has picked up the banner of constitutional liberty and is standing resolutely against our black-robed tyrants. Who will rally behind him?
Poster Comment:
Figured this place needed another zombie thread.
#1: Dead Culture Watch To: Nolu Chan, tpaine (#0)
BTW, tpaine, you check out sportshooplas political forum yet?
Some very smart and funny people there.
Dead Culture Watch posted on 2016-07-04 13:09:24 Reply Private Reply
#2: tpaine To: Dead Culture Watch, Y'ALL (#1)
Trying to get nolu Chan to admit that the above is a fact is impossible, as I'm sure you've seen in our discussions. -- --- Thanks for posting this..
And ya, I've looked a bit at sportshooplas political forum, but it doesn't format that well on my kindle. -- I'm thinking of getting a different machine, so maybe then I'll join in.
tpaine posted on 2016-07-04 14:05:45 Reply Private Reply
#3: Dead Culture Watch To: tpaine (#2)
One of the things I love about the forum is how user friendly it is to my iPhone, can easily post pics, and the emotis available to use is very cool. A hundred different ways to give a thumbs up or down to people.
And yeah, about nolu, he won't admit, that's true, what he does is spam the forums with millions of the words used to subvert the OI, then pretends to have won. Other posts not of those described ^ are just him calling you names.
Anyways, this place has died. Gatlin calling Romney a libertarian is a sign there is little intelligent thought in his posts. And since he has taken up Yukons place as the post Queen, the derp here is unavoidable.
Dead Culture Watch posted on 2016-07-04 15:22:06 Reply Private Reply
#4: BorisY To: Dead Culture Watch (#0)
... black-robed
tyrants
yes
we
con
... hoax
whips
rope
... chains
Make
America
PC
free
great
again
love
boris
ps
the
red
coats
are
coming
the
red
coats
are
coming
pss
happy
4th
of
july
independence
day
BorisY posted on 2016-07-04 17:08:23 Reply Private Reply
#5: Dead Culture Watch To: BorisY (#4)
Not the shallow, contrived BS espoused by canaries, and robed tyrants.
Anyways Boris, hope Independence Day is going well for you. Me and wife are just going to go out to dinner and then the Sound to watch fireworks.
Dead Culture Watch posted on 2016-07-04 18:43:01 Reply Private Reply
#6: BorisY To: Dead Culture Watch (#5)
brexit
big
blow
to
the
brave
new
world
niks
Make
America
great
again
love
boris
BorisY posted on 2016-07-04 19:45:03 Reply Private Reply
#7: nolu chan To: tpaine, Dead Culture Watch (#2)
nolu chan posted on 2016-07-05 16:46:00 Reply Private Reply
#8: tpaine To: nolu chan, dead culture watch, y'all (#7)
We will hold our breath. -- When you reply, please address the specific issues raised, without your usual spam court 'opinions'.
tpaine posted on 2016-07-05 16:59:20 Reply Private Reply
#9: nolu chan To: Dead Culture Watch, tpaine (#0)
If you desire to know what the law is, I recommend reading lawbooks, not the online blatherings of Bryan Fisher, whoever he is.
If you desire to know what Abraham Lincoln said, I recommend the Collected Works of Abraham Lincoln or any other good collection of the speeches and writings of Lincoln.
If you desire to know what was held, what was opinion and dicta, and how the Court decided the case of Scott v. Sandford, I recommend reading the opinions in the case.
Unlike the Bill of Rights, the sloppily drafted 14th Amendment speaks in undefined generalities and give an appearance similar to an Omnibus Bill rather than a constitutional amendment. It should not have been adopted in such form, it's adoption was very irregular to say the least, it has unintended consequences, and it should be repealed and redone if desired. That said, it is part of the Constitution.
The 14th Amendment provides in relevant part:
What are the privileges or immunities of citizens of the United States, as opposed to the priviliges and immunities of citizens of a member state of the United States? It does not apply the BoR to the States, it applies "the privileges or immunities of citizens of the United States" against the States.
Due process of law differs from state to state and is whatever process the law says is due.
The equal protection of the laws arguably can be stretched to cover Obergefell. The Court so stretched it.
If Judge Moore actually thinks the opinion Obergefell only applies to Obergefell, and has no binding authority in Alabama, he should be removed from the bench and disbarred.
And no, Lincoln did not say the same thing with regard to the Dred Scott case. While Fischer fails to quote or identify what Lincoln said, or when, Lincoln said:
Lincoln, Speech at Springfield, Illinois, June 26, 1857
Speech at Chicago, Illinois, July 10, 1858
Speech at Springfield, Illinois, July 17, 1858
nolu chan posted on 2016-07-07 20:22:19 Reply Private Reply
#10: tpaine To: nolu chan (#9)
Nothing in your lengthy spam of the subject refuted the opinion above.
And, your comment that: ---
Is one of the most insane statist opinions I've ever seen. You actually contend that a State in this union can simply pass 'Laws' decreeing what due process it's citizen's are subject to, in disregard of their inalienable/unalienable rights as outlined in our Constitution?
Unbelievable. I doubt they even teach crap like that in the most leftist of law schools.
tpaine posted on 2016-07-08 03:23:27 Reply Private Reply
#11: nolu chan To: tpaine (#10)
You are sick. Get help.
Each state has its own constitution and criminal laws. Contrary to your desire for an all powerful Federal government,
There is plenty of room for difference without bothering the Federal Constitution.
Not only can states enact laws establishing due process within a state, each and every state has done so. In some states a grand jury is used where in other states it is not. Due process in each state is different. In Louisiana it is very, very different. It uses an entirely different system of jurisprudence than the other 49 states.
And remember that Lincoln said:
nolu chan posted on 2016-07-08 14:23:03 Reply Private Reply
#12: tpaine To: nolu chan (#11)
Each state has its own constitution and criminal laws, but the supreme law of the land is our Constitution. --And the Constitution protects our individual rights from infringements by local, State, and federal governments.
I want ALL levels of gov't to honor our Constitution.
You don't. You are sick. Get help.
tpaine posted on 2016-07-08 16:23:15 Reply Private Reply
#13: nolu chan To: tpaine (#12)
Me too. And I want the Federal government to honor the fact that by the Constitution, the people of the existing States established a Federal government of limited and delegated powers. Whatever powers they did not delegate to the Federal government were retained by the States or the People.
Most people would be ecstatic if the Federal government honored our Constitution and stayed within its limited powers.
You can take your all powerful usurping Federal government and keep it.
nolu chan posted on 2016-07-08 16:36:25 Reply Private Reply
#14: tpaine To: nolu chan (#13)
Yep, but those retained powers could not violate our individual rights, as per the Constitution.
And just as many people would like local and state governments to do the same.
I want ALL levels of gov't to honor our Constitution. You say "me too." --- Act like it..
tpaine posted on 2016-07-08 17:01:36 Reply Private Reply
#15: nolu chan To: tpaine (#14)
Me too. And I want the Federal government to honor the fact that by the Constitution, the people of the existing States established a Federal government of limited and delegated powers. Whatever powers they did not delegate to the Federal government were retained by the States or the People.
I want the Federal government to honor our Constitution and stayed within its limited powers.
You want the Federal government sticking its nose into all sorts of places where it has no business going. You can take your all powerful usurping Federal government and keep it.
And whatever infects California and causes insanity is best kept confined to California.
nolu chan posted on 2016-07-10 19:58:33 Reply Private Reply
#16: tpaine To: nolu chan (#15)
And just as many people would like local and state governments to do the same.
I want ALL levels of gov't to honor our Constitution. You say "me too." --- Act like it..
But you don't act like it.
On those points we agree, -- until you lie and claim:---
Not true, and I have no idea where you came up with that lie.
We both know a progressive type of statism is infecting California. -- I'm fighting this statism, and for some weird reason you're fighting me.
Could it be you're infected too?
tpaine posted on 2016-07-10 20:34:15 Reply Private Reply
#17: nolu chan To: tpaine (#16)
Me too. And I want the Federal government to honor the fact that by the Constitution, the people of the existing States established a Federal government of limited and delegated powers. Whatever powers they did not delegate to the Federal government were retained by the States or the People.
I want the Federal government to honor our Constitution and stayed within its limited powers.
You want the Federal government sticking its nose into all sorts of places where it has no business going. You can take your all powerful usurping Federal government and keep it.
And whatever infects California and causes insanity is best kept confined to California.
[tpaine #16] We both know a progressive type of statism is infecting California. -- I'm fighting this statism, and for some weird reason you're fighting me.
Progress report on tpaine's fight against California infection.
http://www.sacbee.com/news/politics-government/capitol-alert/article88521977.html
nolu chan posted on 2016-07-11 13:29:20 Reply Private Reply
#18: tpaine To: nolu chan, posts new California infringements that canary creeps have helped pass. (#17)
Nolu posts new California infringements that canary creeps have helped pass.
tpaine posted on 2016-07-11 14:40:17 Reply Private Reply
#19: nolu chan To: tpaine (#18)
Me too. And I want the Federal government to honor the fact that by the Constitution, the people of the existing States established a Federal government of limited and delegated powers. Whatever powers they did not delegate to the Federal government were retained by the States or the People.
I want the Federal government to honor our Constitution and stayed within its limited powers.
You want the Federal government sticking its nose into all sorts of places where it has no business going. You can take your all powerful usurping Federal government and keep it.
And whatever infects California and causes insanity is best kept confined to California.
[tpaine] We both know a progressive type of statism is infecting California. -- I'm fighting this statism, and for some weird reason you're fighting me.
Progress report on tpaine's fight against California infection.
http://www.sacbee.com/news/politics-government/capitol-alert/article88521977.html
nolu chan posted on 2016-07-12 15:33:20 Reply Private Reply
#20: tpaine To: nolu chan (#19)
Me too, -- but I also want local and State governments to do the same.
It's not true that I want the feds to do that, and you know it. -- Thus your silly obsession to keep posting opinions that ONLY YOU imagine support your mania, is futile.
tpaine posted on 2016-07-12 15:47:01 Reply Private Reply
#21: nolu chan To: tpaine (#20)
Me too. And I want the Federal government to honor the fact that by the Constitution, the people of the existing States established a Federal government of limited and delegated powers. Whatever powers they did not delegate to the Federal government were retained by the States or the People.
I want the Federal government to honor our Constitution and stayed within its limited powers.
You want the Federal government sticking its nose into all sorts of places where it has no business going. You can take your all powerful usurping Federal government and keep it.
And whatever infects California and causes insanity is best kept confined to California.
[tpaine] We both know a progressive type of statism is infecting California. -- I'm fighting this statism, and for some weird reason you're fighting me.
Progress report on tpaine's fight against California infection.
http://www.sacbee.com/news/politics-government/capitol-alert/article88521977.html
nolu chan posted on 2016-07-13 12:49:35 Reply Private Reply
#22: tpaine To: nolu chan (#21)
Why does he WANT to give that power to the supreme court?
Because that's what socialists do?
tpaine posted on 2016-07-14 18:10:31 Reply Private Reply
#23: nolu chan To: tpaine (#20)
Me too. And I want the Federal government to honor the fact that by the Constitution, the people of the existing States established a Federal government of limited and delegated powers. Whatever powers they did not delegate to the Federal government were retained by the States or the People.
I want the Federal government to honor our Constitution and stayed within its limited powers.
You want the Federal government sticking its nose into all sorts of places where it has no business going. You can take your all powerful usurping Federal government and keep it.
And whatever infects California and causes insanity is best kept confined to California.
[tpaine] We both know a progressive type of statism is infecting California. -- I'm fighting this statism, and for some weird reason you're fighting me.
Progress report on tpaine's fight against California infection.
http://www.sacbee.com/news/politics-government/capitol-alert/article88521977.html
nolu chan posted on 2016-07-15 00:28:17 Reply Private Reply
#24: tpaine To: Obsessive compulsive nolu chan, cannot stop spam. (#23)
Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.
Why does he WANT to give that power to the supreme court?
Because that's what socialists do?
tpaine posted on 2016-07-17 12:40:29 Reply Private Reply
#25: nolu chan To: tpaine (#24)
Poor sad yukon/tpaine in the ass, trapped like the rat that he is, has nothing better do than create and to address his pathetic non-responsive posts to very long non-existent handles which will not show up in any ping list.
Future responses have been consolidated onto a single thread. See:
http://www2.libertysflame.com/cgi-bin/readart.cgi?ArtNum=46857&Disp=77#C77
For examples of his psychosis using non-existent handles, see:
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nolu chan posted on 2016-07-26 12:39:46 Reply Private Reply
#26: tpaine To: Obsessive compulsive nolu chan, cannot stop spamming my replies. (#25)
Poor sad nolu, obsessed with trying to prove that SCOTUS opinions change our Constitution.
Why does he WANT to give that power to the supreme court?
Because that's what socialists do?
tpaine posted on 2016-07-27 18:14:59 Reply Private Reply