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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.

Thursday, February 26, 2004

Everyone's taking whacks at the proposed FMA, so here's mine. The proposed amendment goes too far, and not far enough. Given my druthers, this is what I would enact:

Section 1.
No existing provision of this Constitution, nor of any State Constitution, nor of any Federal or State law, shall be construed to define marriage as anything other than a union of one man and one woman. Any change to the institution of marriage shall enter the law through the acts of the people of the various States, speaking clearly through their elected representatives.
Section 2.
The Supreme Court of the United States is hereby reminded, the power set forth in the second sentence of Article IV, Section 1, of this Constitution, is given to Congress.
Section 3.
The people declare that, were it not for the unlawful actions of dishonest judges, this amendment would not have been enacted, and they deplore the judicial contempt for this Country's laws and institutions that made this amendment necessary. That the lesson not be lost, they further enact that Chief Justice Margaret H. Marshall and Justices John M. Greaney, Roderick L. Ireland, and Judith A. Cowin, all of the Supreme Judicial Court of the State of Massachussets, are hereby deprived of their offices, and are forever unable to hold any office of honor, trust, or profit under the United States or any of them, and that no act or order of the said Court, in any dispute pending on or after the First day of February, 2004, shall have any effect until their successors shall have been seated and rehear the matter.
That about covers it, I think.

-- posted by Clayton 2/26/2004 12:43:00 AM

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