Monday, June 05, 2006

Whose Values?

Nobody holds a monopoly on "values" or "tradition" or "history."

And certainly not the current contingent of pandering officials in Washington in favor of a Constitutional Amendment banning gay marriage.

Regardless of one's position in the same sex marriage debate, this arena of morals legislation has almost exclusively remained within the domain of the State. Anybody even remotely honest and cognizant of the founding balance between State and Federal government could oppose the Amendment by citing the same history and tradition that proponents of the ban claim are in support of them.

Since Volokh's blog puts it better, I'll just excerpt how ridiculous it is for the President and members of Congress to propose a gay marriage amendment and remain consistent with the values of federalism.

"A constitutional amendment defining marriage would be a radical intrusion on the nation's founding commitment to federalism in an area traditionally reserved for state regulation, family law. There has been no showing that federalism has been unworkable in the area of family law."

But, you don't need to take my word for it. I wonder what someone who wrote the Constitution would think about the ability of Washington to create policy in this area?

"The powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite."
- James Madison, Federalist 45 (1788)

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