Tuesday, September 08, 2015

Show Me The Statute

Show Me The Statute

By de Andréa, Opinion Editorialist
Published September 08, 2015

As far as the constitution is concerned, all Kim Davis has to do is cite Article 1 Section 1 of the U.S. Constitution as well as the Separation of Powers clause and then ask the court to SHOW ME THE LAW that I have violated and is the authority for my arrest.

One cannot be legally arrested, unless one is at the same time accused of violating a specific legally constituted law.  In other words an arrest must be accompanied by an alleged violation of a legal statute.  The officer that arrested Kim Davis, the county clerk of Rowan County Kentucky that refused to issue marriage licenses to same sex couples said: “this is the first time I have ever arrested someone that has not violated any law.”  Even the officer knows the law.  It’s a mystery to me why the courts don’t know the law.

Since the arrest was illegal, then so was the court order that was issued by a Rowen County judge that Davis supposedly violated?  A contempt of court charge has to be based on a violation of law.  Otherwise any judge could issue a baseless contempt charge against anyone at any time resulting in total judicial tyranny.  Is that what has happened here.

Some facts regarding this case:

Fact one, The defense of marriage act (DOMA) which defined marriage as between one Man and one Woman, passed in 1996 by both houses of congress and signed into Federal Law by the president is still the law until it has been modified or reversed by again both houses of congress and again signed by the president. That hasn’t happened, so the court and specifically the judge is in violation of a duly passed Federal Law.  He should, by law, be held in contempt, if not charged with violating Davis’s Constitutional rights.  And that should be the end of the story but it’s not.

Kim Davis is sitting in jail on a false charge…

Fact two: The decision by the U.S. Supreme Court or SCOTUS is not law it is an opinion of the majority of the justices that DOMA is unconstitutional.  SCOTUS opinions do not change constitutional law or any law, state or Federal, Congress or the state legislatures do.

Article 1 Section 1 of the U.S. Constitution: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 1 is a vesting clause, of Article Five granting all the federal government's legislative authority to Congress, not the courts. The Vesting Clauses thus establishes the principle of separation of powers by specifically giving to each branch of the federal government only those powers it can exercise and no others. This means that no branch may exercise powers that properly belong to another (e.g., since the legislative power is only vested in Congress, the executive and judiciary may not enact laws abolish laws or change laws) period.

According to GOP presidential candidate Mike Huckabee, there seems to be two sets of rules when it comes to breaking marriage laws: “liberals get a pass, while conservatives are jailed for no reason, and without bail.”  

Appearing Sunday on ABC's "This Week," Huckabee said liberal Democrats such as former San Francisco Mayor Gavin Newsome and President Barack Obama's administration have ignored federal marriage laws without punishment, unlike Kim Davis, county clerk for Rowan County, Ky., who has been sitting in jail since Thursday.

"You've got Democrats who ignored the law when it was considered the law to have traditional marriage," Huckabee said. "Gavin Newsome in San Francisco as mayor, performed same-sex weddings, even though it was illegal. Did he ever get put in jail? He most certainly did not."

Likewise, he said, “Obama and his former Attorney General Eric Holder ignored the rulings favoring the Defense of Marriage Act.  Did they get put in jail for ignoring the law?" Huckabee asked. "They most certainly did not.”

Liberals apparently get to choose which laws they support, but a county clerk in Kentucky obeying both Kentucky state law passed by the voters of Kentucky and the Federal DOMA law passed by Congress and signed by the president in 1996, is criminalized and jailed without bail because she acted on her conscience and according to the only state and Federal law in front of her? She would also have had to illegally modify State documented forms in order to fill them out properly.  The forms still reflect the DOMA law marriage between a man and a woman

THE BOTTOM LINE: A little history regarding this case, especially since “Case Law” and not Constitutional Law is what courts seem to lay way to much weight on these days, is the Dred Scott decision of 1857 where the U.S Supreme Court virtually opined that black people were not human and therefore were not eligible for citizenship and could not be protected under the U.S. Constitution.  President Lincoln disagreed and rejected the SCOTUS opinion as he had a constitutional right to do so, which my friend is what eventually led to the Civil War.  

If Lincoln had not acted in accordance with constitional law and ignored the SCOTUS opinion we may not have had civil but we might still have slavery today.

The question begging to be asked here is, will this Kim Davis issue lead to the civil unrest that Obama’s is looking for to enact “Martial Law”.

Something to think about…


Thanks for listening – de Andréa

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