Ohio is about to become yet another state to have their Tenth Amendment state’s rights trampled on by a federal judge. Judge Timothy Black is set to deliver a ruling that will force the state of Ohio to recognize same-sex marriages that were performed in other states. Black says that the ban violates the constitutional rights of others to choose who they want to marry. It is quite comical for a federal judge to talk about the constitutionality of a law, when he himself is guilty of delivering a ruling that stomps all over Ohio’s Tenth Amendment rights.
This judge needs to take a basic course in fundamental Constitutional interpretation, as does the rest of the federal government. The issue here is not whether or not gay marriage should be legalized, but whether or not the government has the power and authority to deny specific states the right of self-government. Is the regulation of marriage one of the enumerated powers delegated to the federal government by the states in the Constitution? The answer to this question lies in the text of the Tenth Amendment, and the meaning is so crystal clear that a five-year-old with basic reading comprehension can understand it. Perhaps requiring members of Congress to have that level of common sense in order to serve in office would help relieve some of this kind of ridiculousness. Here is what the the Tenth Amendment says:
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.
Clearly, the text above indicates that the federal government has no authority to overrule a state’s right to self-government, unless permission is explicitly granted to it by the states in the Constitution. The Founding Fathers in their genius, provided a list of those powers, intending that list to provide a leash to keep the government tethered to the Constitution. Ohio and their state’s right to self-government cannot be trampled on by any federal judge, because the judge has no constitutional authority to overturn state laws. The powers listed in the Constitution are the only areas the federal government has any business being involved in. A quick scan of the list and readers will discover that marriage is nowhere to be found in these enumerated powers.
Again, clearly, this means that the federal government should have no involvement in marriage. Marriage is something that should be left up to the states and the local communities therein, not the federal government. The legality of same-sex marriage is up to the people of Ohio, and they decided to define marriage as being between one man and one woman. This decision by the voters is now the law of the land, and the government has no jurisdiction to come in and strike that law down. Ohio is having its state’s rights trampled on by a federal judge, who technically, according to the Constitution, has no legal authority to make this ruling. Conservatives need to stand up and work hard to push the government out of the state’s business, otherwise the intrusions will not stop with this issue. It has been seen time and again that if people stand up to the government, they will back down, so there is no excuse not to fight for freedom.
Opinion by Michael Cantrell