Archive for November 29th, 2004
Legal Background on Gay Marriage
Posted by Bob in Law and Order on 11/29/2004
The Massachusetts Supreme Court decided that the MASSACHUSETTS STATE Constitution requires gay marriage.
The legal rule is that the Federal courts do not interpret STATE constitutions. So, from the point of view of Federal courts, the state constitution of Massachusetts requires gay marriage.
In 1968, twenty states had anti-miscegenation clauses in their constitutions. But the Supreme Court said that, regardless of the fact that all the states that ratified the Constitution and almost all the states that ratified the fourteenth amendment and had enforced anti-miscegenation laws, the United States Constitution did not allow anti-miscegenation laws.
There was NO question of constitutional intent in that 1968 decision. The Supreme Court made no pretense that they were interpreting original intent. They were making law, and they said so.
On the day that decision was issued, it was Federal law that constitutional intent means absolutely nothing. Unless you object to that decision, constitutional intent means nothing.
And no one dares to question it.
But in that case, the Supreme Court was interpreting the FEDERAL constitution. They agreed with state courts as the final word on the fact that state law banned interracial marriage, but they said the Federal Constitution overruled the state constitutions.
So the Massachusetts law stands.
The next question is whether a gay marriage performed in Massachusetts is valid in other states. The Federal Constitution requires every state to give “full faith and credit” to the acts of other states. But there is no enforcement clause in the “full faith and credit” statement. The Federal courts have consistently refused to enforce it.
The most important case relating to one state recognizing a marriage in another state was when North Carolina refused to recognize the easy Nevada divorce law. A person who was divorced in Nevada found that, according to the North Carolina Supreme Court, he was still married when he came back to North Carolina.
The Federal Supreme Court decided that the North Carolina decision was right, and that North Carolina had no obligation to recognize a Nevada divorce. So even today you can be legally married to two different people in two different states.
When a state refuses to extradite someone convicted in another state, that is a violation of “full faith and credit,” but they have done it hundreds of times.
So a gay couple is legally married as long as it stays inside the state of Massachusetts, and nothing less than a constitutional amendment is likely to change that.
My own opinion is that if you don’t want the courts to own the institution of marriage, you will have to condemn the 1968 decision first. And NOBODY has the guts to do that.
“Both Sides” Equal One Side
I mentioned before that if democracy means voting, there have never been more truly democratic countries on earth than those ruled by Communist regimes. They held THOUSANDS of regular elections. In every single one of those elections the voter turnout was over 99!
In fact, if voter turnout makes a democracy, North Korea is the most democratic country that ever existed. North Korea is the only country that EVER had a ONE HUNDRED PERCENT turnout in a national election.
Did the Communists hold REAL elections?
Absolutely. An election gives the voter two sides, BOTH sides, to choose from. The voter was given a ballot with a list of candidates put forward by the Communist Party. You could: 1) not mark the ballot and drop it into the ballot box; or 2) mark out any names you didn’t like.
If a candidate didn’t get fifty percent of the vote, the Party had to come up with a new nominee.
That never happened. But you had TWO choices. You could choose between “both sides.”
And, it was a secret ballot. You could take the list behind a curtain and mark off any names you didn’t approve of.
Going behind this curtain presented a minor problem. You were in a room where Communist Party members were sitting. If you wanted to approve the entire Communist Party ticket you simply took the ballot of dropped it into the ballot box. Almost everybody did not go behind the curtain and loyally dropped the list straight into the box.
If you took the ballot behind the curtain to mark some names off, several Party members saw you do it.
Oddly enough, not only did over 99% of voters turn out, but over 99% of them voted a straight Communist ticket.
But “both sides” were represented.
In America we have free speech because “both sides” are represented. Both leftism and respectable conservatism are supposed to be given equal time. But what if you aren’t a leftist, a respectable conservative, or somewhere in between?
If you are not one of the “both” sides, then you go behind that curtain.
And people see you do it.
11/13/04 Insider Letter
Posted by Bob in Insider Letter Archive on 11/29/2004
(reprinted to Blog from 11/13/04)
*** Bob’s Insider’s Message ***
A writer on Stormfront mentioned that it was the World War II generation that gave everything away. Nobody has ever discussed that but Yours Truly, but it is becoming part of general knowledge.
A congressman was told that if he believes in free trade of goods and services he should believe in free trade of labor, which means open borders for immigrants.
That used to be the standard conservative line: “Free movement of goods, services, AND LABOR.”
The congressman replied that there is a huge difference between goods and services on the one side and labor on the other. He said, “Labor VOTES!”
Obvious, isn’t it?
But for years, nobody mentioned the fact that labor votes except one Robert Walker Whitaker, Esquire. It took me YEARS to get THAT point across.
Now I am trying to get THIS point across:
“There is a professor at Harvard named Noel Ignatiev who says:
“The goal of abolishing the white race is on its face so desirable that some may find it hard to believe that it could incur any opposition other than from committed white supremacists.”
You then go on to say that everybody who says he is an anti-racist agrees with that. They say they want to “solve the race problem” by pushing immigration and integration on EVERY white country on earth and ONLY on white countries.
They say intermarriage is the solution to the RACE problem. But this so-called RACE problem does not exist in Asia or Africa. As Ignatiev said, they demand a final solution to the WHITE problem in exactly the same way that Hitler demanded a final solution to the Jewish problem.
You can call that anti-racism. I call that genocide. Does that make me a racist?
Once this point becomes general knowledge, the entire political landscape will be affected. It puts the enemies of white people, who have always been on the offensive, in a vulnerable, defensive position.
This is a war of words. I work hard to find the right words. I start with the conviction that I am right and they are wrong, and I back that up by finding the simplest way to put the truth.
But all my life, while making these devastating points, I have been ABSOLUTELY alone. No one backs me up. Everyone wants to forward to everybody the latest conservative book or some exposition of how Kerry has underarm odor.
I sure could use some help.
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Bob
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