MOT POLL Ballots Listings

General Subject: Constitution

Same Sex Marriage

Ballot creation date: 09/06/2015


Facts: A US Supreme Court ruling, decision, or majority opinion is not a law of the land. Fact: Only the US Congress can make ‘laws of the land’, only US States can make State Laws, and only localities can make Local Laws in the United States. Fact: The media or anyone saying that a US Supreme Court ruling is the ‘law of the land’ does not make it a Federal Law. Fact: The US Supreme Court can only make a ruling as to whether or not an existing law, or proposed action or policy is, in their majority opinion, in compliance with the US Constitution. The Supreme Court cannot make people do or not do things. Enforcement or non-enforcement of things deemed unconstitutional is decided by the chief US law enforcement officer who is the President. Fact: The US Constitution states that, "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.") Fact: The US Constitution does not specify powers given to the Federal Government that legally modify or codify behavior concerning morals, religion, or definitions of marriage. Therefore those powers of law are reserved to the States.

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Analysis and Conclusion relative to theft:

Ms. Kim Davis on September 2, 2015, refused to comply with a Supreme Court Ruling of June 26, 2015, and instead, in keeping with her official duty requirements, complied with the existing Federal Law of the Land ((Act of Congress - Defense of Marriage Act (DOMA) of 1996.) Of course the US Constitution can be amended to establish that Supreme Court rulings and opinions are ‘laws’. However, “This amendment provision alone allows no alternative or excuse, except during and pertaining to congressionally declared acts of war, for simply ignoring any part of the US Constitution, even while that part may be in the process of being changed.” (A Margin of Theft, Getting the Mind Around Government, © 2013) The Kim Davis case is unfortunate in that she had no alternative under media pressure and Government threat but to rely on her faith and religion as reasons to comply with the only relative existing Federal law (DOMA) instead of a Supreme Court ruling. Lincoln used his common sense and the Constitution itself to ignore the Supreme Court ruling on Dred Scott and all ‘Blacks’ during the Civil War. Also, the Supreme Court cannot make people do or not do things. They give majority opinions and rulings on whether or not something is or is not in compliance with the Constitution. Acts of Congress require the people to do or not do things (laws requiring actions or inactions). For the Supreme Court (Obergefelle v. Hodges June 26. 2015) to say “States cannot prohibit the issuing of marriage licenses to same-sex couples” does not declare DOMA unconstitutional, which is within their legal mandate to do, but instead attempts to place new actions and restrictions on the States. The DOMA law “allows States to refuse to recognize same-sex marriages in other states”. Obergefelle v. Hodges says that States must now provide “the issuing of marriage licenses to same-sex couples”. This is the same as saying “States cannot prohibit the issuing of elephant licenses” when there are no recognized elephants in the State. What if a State only has printed licenses that say “Dog” or “Cat”?  Do they have to allow the importation of elephants, or print new forms? Do they have to do anything? This is saying, “State sovereignty, in keeping with the US Constitution will be by action or inaction not maintained.” This MOT Ballot weighs the confusion and theft from the US Constitution and rights of States by the media spreading legal falsehoods, the President not enforcing a US Law (DOMA) when it has not been simply declared unconstitutional, and five of the nine members of the Supreme Court by attempting to legislate with no authority to do so.

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