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16 November 2014
Many of you are aware of the recent uproar caused by Annise Parker, the mayor of Houston Texas. For those that are unfamiliar with what I'm referring to, here's a recap. Houston's city council, in conjunction with the mayor, instituted what is called the Houston Equal Rights Ordinance (HERO). HERO was designed in theory to afford accommodation to alternative lifestyle concerns, mainly the lesbian, gay, bi-sexual, transgendered (LGBT) community. Included in that ordinance was the institution of Gender Neutral bathroom privileges, whereby anyone could use either sex bathroom they wished based on their chosen gender identification. Needless to say this decision was met with much opposition both locally and nationally. Traditional family groups and Pastors in the pulpit were among the most vocal in opposition to this ordinance. The mayor of course took offense to their positions, mainly because she is in fact a lesbian and such speech offended her as a member of the LGBT community.
Fast forward to the situation I am discussing here. Mayor Parker took such umbrage and was so vehemently outraged that she, through the city attorney, issued subpoena's to those members of the clergy that took to the pulpit to defend the Biblical position against homosexuality, transgenderism and preached God's truth in support of heterosexual marriage and family, from a Biblical perspective; As commanded by God as members of the clergy. The subpoena's were demanding all public preachings, taped, written, and e-mailed correspondence, verbal conversations, and congregant lists. All manner of communication relating to their offensive speech against both the mayor and same sex issues were requested.
Naturally, politicians from hither and yon took to the airwaves to express their disgust and outrage over the attempt at silencing and squelching the freedom of speech and expression; and I agree with their arguments. What troubled me and still does, is that everyone concerned was referencing the U.S. Constitution as their basis for argument. In my estimation, this was and is the wrong tack to take.
I hold that the Texas State Constitution should be used as the authority in this case. The U.S. Constitution, by design is a charter of limitations placed on the U.S. government; what the federal government can or cannot do with relation to individual rights. It also lists the limitations of the federal government through the enumerated powers in Article 1, Section 8. Simply put, The federal government holds no regulating authority in matters of the state. As Mayor Parker is not a federal employee or housed in the U.S. congress; federal deference and or interference in state matters is irrelevant and muted. And No, supremacy does not apply either as the power to interject or interfere locally is not enumerated.
Many will say that the Supreme Court of the United States (SCOTUS) has 'interpreted' otherwise and will still hold that 'supremacy' is in fact settled law. I would argue that this is wholly incorrect as the Supreme Court was not given the power or authority to interpret anything. They are tasked with 'applying' the Constitution to the cases brought before them. The act of interpretation is a breach of the public trust and an assumption of unauthorized powers. Remember, The citizenry created the congress; and the congress created the Supreme Court, Therefore the Supreme Court is a created entity, NOT a self governing omnipotent body of gods that shall not be questioned. Nowhere is it stated that Supreme Court justices have an eternal right to hold their position until they either leave or die, they can be removed for violations against the people. That none have yet to be removed does not negate the fact that they are serving at the pleasure of the congress, and the people. So No, The Supreme Court is not the final authority on this or any matter. This case with Mayor Parker, is quite simply a Texas State issue; and she Has in fact violated that constitution. It is up to the people of Houston and Texas legislators to deal with her, and I'm sure we will.
Some in the media punditry and pompous self absorbed lawyers will invariably jump directly to the 'Supremacy Clause and the Doctrine of Preemption'. Those are mentally lazy arguments that pseudo intellectuals tell amongst themselves as they hoist wine glasses at dinner parties to try and impress inferior guests; the ones that Want the federal government to rule supreme. If it's not clearly covered in the Constitution, those powers simply do not exist. Article VI is where those arguments come from, through 'interpretation'. Again, what did we just discuss about interpretation? Not authorized or relevant. period. Assumption of duties not assigned, are moot; and should be discounted out of hand.
The
Supremacy Clause and the Doctrine of Preemption - See more at:
http://litigation.findlaw.com/legal-system/the-supremacy-clause-and-the-doctrine-of-preemption.html#sthash.4uvMJExb.dpuf
The
Supremacy Clause and the Doctrine of Preemption - See more at:
http://litigation.findlaw.com/legal-system/the-supremacy-clause-and-the-doctrine-of-preemption.html#sthash.4uvMJExb.dpuf
Now, I don't particularly hold the clergy accountable for not knowing this, but I DO hold state and federal officials accountable. These are our legislators. They have a higher standard of expectation and level of demand placed on them for representing WE out here. If our elected officials do not know the proper application of law, how can we expect them to act properly on our behalf in our day to day. We're supposed to be able to go about our lives with relative assurance that our representatives are doing their best to protect us from the federal apparatus, not have them capitulate and cede power to them because they're too lazy to educate themselves on proper roles and applications.The bottom line of all that's been discussed here is this: As a citizen, educate yourselves to be able to hold your local, county, state, and federal representatives accountable. If you don't? God only knows what they will do behind your back when it's really critical.
