Publius' Forum

-by Warner Todd Huston

The Senate is to begin a discussion on whether to call a constitutional convention to add to that document an amendment that specifies that marriage will be between one man and one woman by unalterable law of the land.

I have to say that I am not a fan of making this an amendment to the Constitution. I am more a State's Rightist than a Federalist, for sure. But we are in a dilemma with this issue and our out of control courts.

The Courts are out of control. All up and down the line, in nearly every state, the Federal and state courts have taken on far more power unto themselves than they should. Far more than the Founders desired.

This state of affairs would not surprise Thomas Jefferson, at least. Jefferson said of the Federal judiciary:

"The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is ingulfing insidiously the special governments into the jaws of that which feeds them. ... It has long, however, been my opinion, and I have never shrunk from its expression...that the germ of dissolution of our federal government is in the constitution of the federal Judiciary; ...working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped. ... The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our Constitution from a coordination of a general and special government to a general and supreme one alone." --Thomas Jefferson

Jefferson described before the year 1810 what we are today facing. But, this isn't just a late to the political scene problem. It began decades ago during the the Supreme Court headed by Chief Justice Oliver Wendell Holmes and got far, far worse during FDR's days in office when the Court, after an initial stage of resistance, became a rubber stamp for FDR's socialist New Deal policies.

So, here we are. After a constant statistic of over 75% of all the states and their residents approve of traditional marriage, after every state legislature that has taken up the issue has passed legislation assuring that it stay traditional, we have repeatedly had an our of control judiciary up end the will of the whole of the people.

The only way to chastise the judiciary is to go the route of a Constitutional amendment. It is unfortunate we have to take this over the top measure, but we have little choice.

Please encourage your representatives in Washington to support this movement.

Marriage must be between one man and one woman only or there will be no reason to have marriage at all as it will cease to have meaning. Once same sex marriage is approved, we will have no logical reason whatsoever to discourage multiple partner marriage, of marriage between humans and animals. There will be no logical reason to stop just any kind of union to be called marriage that the mind of man can imagine.

And we can be sure that our out of control judiciary will assist this further degradation of the terms of marriage despite what the people want.