GreekChat.com Forums - DOMA to be stripped of federal jurisdiction?

GreekChat.com Forums (https://greekchat.com/gcforums/index.php)

- News & Politics (https://greekchat.com/gcforums/forumdisplay.php?f=207)

- - DOMA to be stripped of federal jurisdiction? (https://greekchat.com/gcforums/showthread.php?t=53712)

DOMA to be stripped of federal jurisdiction?

http://news.yahoo.com/news?tmpl=stor...slation166_xml

Quote:

WASHINGTON, July 14 /U.S. Newswire/ -- The House Judiciary Committee today approved by a 21-to-13 margin legislation that would ensure States continue to decide state marriage policy. H.R. 3313, introduced by Rep. John Hostettler (R-Ind.) and amended today by the Committee, removes the federal courts' jurisdiction to hear cases involving the provision in the 1996 Defense of Marriage Act (DOMA) that allows States to decide whether to legally recognize out-of-state same-sex marriage licenses.

O Canada!
Our home and native land!
True patriot love in all thy sons command.

With glowing hearts we see thee rise,
The True North strong and free!

From far and wide,
O Canada, we stand on guard for thee.

God keep our land glorious and free!
O Canada, we stand on guard for thee.

O Canada, we stand on guard for thee.

An old PoliSci major here....

Three points:

1) The proposed legislation would NEVER survive a court challenenge. Congress CANT strip the courts of their powers. They are set forth in the constitution. The court system has judicial review of all laws the congress passes. Congress keeps bitching about judicial review becasue they dont like it. It threatens their powers. What they neglect to mention is their power over the bench is their approval of federal judges. Cant be a federal judge without congressional approval.

2) The activist judges in Mass. that Santorum and everyone keeps bitching about are Republican.

3) DOMA wont survive either. It violates the full faith and credit clause of the constitution that says (in part) states have to recognize legal contracts from other states. A marrage is a legal contract.