Wednesday, February 08, 2012

[Victims of Court Corruption] Re Judicial Determination on Whether Prop. 8 Constitutional

Re Judicial Determination on
Whether Prop. 8 Constitutional

The Ninth Circuit Courts of Appeal has recently determined whether Prop. 8 is constitutional. Their conclusion was that it did violate the U.S. Constitution. But I here present a clear constitutional alternative to that of the Ninth Circuit.

This issue is very easy to resolve constitutionally. The Ninth Amendment of the U.S. Constitution sets forth, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." Stated simply, the fact that a right is not specifically spelled out within the Constitution, may not be interpreted that the Constitution forbids such right.

That being said, the question then turns on what does the Constitution say about marriage. The answer to this question is "nothing." Since the Constitution says nothing regarding marriage, we must next turn to the question as to what unspecified rights concerning marriage do the people retain unto themselves. To answer this question, we turn to what laws or initiatives have the people chosen to retain to themselves. In this case, we refer to Prop. 22, and Prop. 8.

We net must ask, were the passage of these laws indicative that the people wished intended to retain this unspecified? If the answer to this question is yes, then the Ninth Amendment of the U.S. Constitution effectually states, "Marriage shall be defined as a union between one man and one woman, and shall not be interpreted [by the judiciary or anyone else] as being anything other than a union between one man and one woman." There is no other way this can be interpreted otherwise.

The next question we must ask is, is it possible for the Constitution be unconstitutional? Absolutely Not! If it is impossible for the Constitution to be unconstitutional, can the judiciary so declare it to be so? and would such a determination be within the constitutional discretion of the courts to so determine? If the answer to these questions be no, then the determination of the Ninth Circuit that Prop. 8 is unconstitutional, is unconstitutional inasmuch as courts have no jurisdiction to pass a law declaring the Constitution unconstitutional.

Ron Branson


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