Supreme Court Rulings vs. U.S. & Idaho Constitutions


The U.S. Supreme Court has been busy making unconstitutional rulings and Congress joined them with passage of fast track authority (TPA) which took away the Article II Section 2 requirement that the President must receive a 2/3 Senate majority to enter a treaty/agreement with a foreign nation. Wait …that requires a constitutional amendment doesn’t it? Words on a paper mean nothing if the people do not require they be followed.

Another most disturbing ruling will now force same sex marriage on all 50 States while taking away the people’s rights within their individual States to choose to keep God’s definition of marriage.

This is a huge strike against the 1st Amendment’s guarantee to religious freedom and Idaho’s State Constitution

Article 3, Section 28 “A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.”

Of course, we have already witnessed religious persecution with Arlene’s Florist being sued by WA State to force her to provide her services at a gay wedding. Now Christians in America will face the force of law coming up against their federal and state Constitutional right of conscience. I challenge anyone to find where in Article III the Supreme Court is given the power to decide this issue for the States. The Supreme Court has the authority to rule on the “foregoing listed 18 enumerated rights” of Article I Section 8. The response will be General Welfare and here is what the founders had to say about that clause in the Kentucky and Virginia Resolutions of 1798 & 1799 and comments associated with these Resolutions:

http://avalon.law.yale.edu/18th_century/kenres.asp

Kentucky Resolution 1799 Excerpt- That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy.

Excerpt from Address of the General Assembly to the People of the Commonwealth of Virginia January 23, 1799 which was an explanation of the Virginia Resolutions of 1798. – “Had the states been despoiled of their sovereignty by the generality of the preamble, and had the federal government been endowed with whatever they should judge to be instrumental towards the union, justice, tranquility, common defense, general welfare, and the preservation of liberty, nothing could have been more frivolous than an enumeration of powers.” 

http://avalon.law.yale.edu/18th_century/jeffken.asp

Draft of the Kentucky Resolutions – October 1798 –

  1. _Resolved_, That the several States composing the United States of America, are not united on the principle of unlimited submissionto their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. 7. _Resolved_, That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defence and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquility, while those specified in the preceding resolutions call for immediate redress.

Again, words on a paper mean nothing if the people do not require they be followed. I believe there will be an opportunity for American Christians to choose to follow God rather than the precepts of man and will suffer the force of law in doing so. Acts 4:29 … “We must obey God rather than men!” Peter and the apostles replied to the Jerusalem Sanhedrin which was the supreme court of the Jews and reflected the local autonomy which the Greek and Roman powers granted the Jewish nation.

“Indeed my friend the world wears a strange aspect at the present day; to use Shakespeare’s expression, “the times seem to be out of joint…” our liberties invaded by a corrupt, ambitious, and determined ministry is bringing things to a crisis here in America and seems to foretell some great event.” William Bradford wrote to James Madison on 1 Aug 1774

http://founders.archives.gov/?q=william%20Bradford%20to%20James%20madison%20strange%20aspect&s=1111311111&r=1

Don't use Facebook? More commenting options below (scroll down)