Liberals have attacked Chief Justice Roy Moore for standing his ground against federal encroachment on the state of Alabama. Moore has made a constitutional case for his stand based on the fact that the federal constitution does not mention marriage, and what the Constitution does not mention, the courts have no right to regulate. In addition, the Tenth Amendment makes it clear that powers not enumerated in Constitution remain with the states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”
Finally, marriage is a God-defined ordinance that should be protected and guarded by the civil magistrates.
Moore is arguing constitutionally. He’s following the law as it is written. He’s functioning as a duly elected judicial representative of the state of Alabama that voted overwhelmingly (81%) to forbid same-sex marriage.
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