Thread: DOMA to be stripped of federal jurisdiction?
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Old 07-15-2004, 02:21 AM
lifesaver lifesaver is offline
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Join Date: Jun 2000
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Posts: 5,298
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.
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