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death-penalty Supreme-Court

June 29, 2015: A vehicle parked near the Supreme Court in Washington, has signage that says “Stop the death penalty.” (Photo: AP)

The Supreme Court Monday upheld the use of a lethal injection drug, even as two dissenting liberal justices declared it’s “highly likely” the death penalty itself is unconstitutional. The 5-4 decision involved a case out of Oklahoma where the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.

The drug was used in executions in Arizona, Ohio and Oklahoma in 2014, but was targeted by opponents of the death penalty when it took longer than expected to put inmates into a coma-like sleep. Justice Samuel Alito, writing for the majority, held the allegation that the drug could not be used effectively as a sedative in executions was simply speculative. Alito painstakingly addressed five key arguments made by the opponents of the death penalty, rejecting each one individually yet taking specific issue with the final argument.

Alito railed against the dissent, which was authored by Justice Sonia Sotomayor.

“Finally, we find it appropriate to respond to the principal dissent’s groundless suggestion that our decision is tantamount to allowing prisoners to be “drawn and quartered, slowly tortured to death, or actually burned at the stake,” Justice Alito wrote. “That is simply not true, and the principal dissent’s resort to this outlandish rhetoric reveals the weakness of its legal arguments.”

“For these reasons, the judgment of the Court of Appeals for the Tenth Circuit is affirmed.”

In dissent, Justice Sonia Sotomayor said, “Under the court’s new rule, it would not matter whether the state intended to use midazolam, or instead to have petitioners drawn and quartered, slowly tortured to death, or actually burned at the stake.”

In a separate dissent, Justice Stephen Breyer said the time has come for the court to debate whether the death penalty itself is constitutional. Justice Ruth Bader Ginsburg joined Breyer’s opinion, marking the first time two justices declared — let alone in a dissent — that it was “highly likely” to be unconstitutional.

However, while Alito said death penalty opponents are waging a “guerrilla war” against executions — specifically by working to limit the supply of more effective drugs — Justices Antonin Scalia and Clarence Thomas called out the historical inaccuracies against the anti-capital punishment argument.

“Welcome to Groundhog Day. The scene is familiar: Petitioners, sentenced to die for the crimes they committed (including, in the case of one petitioner since put to death, raping and murdering an 11–month-old baby), come before this Court asking us to nullify their sentences as ‘cruel and unusual’ under the Eighth Amendment,” Justice Antonin Scalia joined by Justice Clarence Thomas wrote. “They rely on this provision because it is the only provision they can rely on.”

“The response is also familiar: A vocal minority of the Court, waving over their heads a ream of the most recent abolitionist studies (a superabundant genre) as though they have discovered the lost folios of Shakespeare, insist that now, at long last, the death penalty must be abolished for good. Mind you, not once in the history of the American Republic has this Court ever suggested the death penalty is categorically impermissible. The reason is obvious: It is impossible to hold unconstitutional that which the Constitution explicitly contemplates. The Fifth Amendment provides that ‘[n]o person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury,’ and that no person shall be ‘deprived of life . . . without due process of law.'”

The Supreme Court Monday upheld the use

pending-home-sales-reuters

Existing and pending home sales reported by the National Association of Realtors. Photo: Reuters)

Contracts to buy previously owned U.S. homes rose to their highest level in just over nine years in May. The National Association of Realtors said on Monday its Pending Home Sales Index, based on contracts signed last month, increased 0.9 percent to 112.6. It the highest level since April 2006 for pending home sales contracts, which become sales after one or two months and have now increased for five straight months.

“Solid sales gains were seen throughout the country in May as more homeowners listed their home for sale and therefore provided greater choices for buyers,” Lawrence Yun, NAR chief economist. “However, overall supply still remains tight, homes are selling fast and price growth in many markets continues to teeter at or near double-digit appreciation. Without solid gains in new home construction, prices will likely stay elevated — even with higher mortgage rates above 4 percent.”

However, as PPD has repeatedly reported, existing and pending home sales data when weighed against housing market mortgage risk and a lack of groundbreaking could raise a red flag few are willing to confront.

In April, the market share of high-risk loans outnumbered the share of low-risk loans for the first time since NMRI tracking began. In May, the index for VA loans also reached a series high, while Agency loan originations continued to migrate from large banks to nonbanks in May. This shift in market share has accounted for much of the upward trend in the composite NMRI, as nonbank lending is substantially riskier than the large bank business it replaces.

Still, the NAR and housing lobby allies refuse to express any concern.

“NAR has long advocated the need to avoid implementing the new regulation during the peak buying season,” NAR President Chris Polychron, executive broker with 1st Choice Realty in Hot Springs, Ark., says. “With interest rates on the rise, many families wanting to buy are looking to lock-in at current rates and move into their new home before the school year starts. Holding off on TRID implementation through the summer helps these buyers avoid any disruption or delays in closings that could develop once the regulation goes into effect.”

Economists had forecast pending home sales rising 1.2 percent last month.

Pending home sales increased 10.4 percent on a year-over-year basis, and contracts increased 6.3 percent in the Northeast, whiling rising 2.2 percent in the West. In the South, where the majority of groundbreaking takes place, however, they fell 0.8 percent; and, 0.6 percent in the Midwest.

[brid video=”10410″ player=”1929″ title=”NAR Chief Economist Lawrence Yun May 2015 Home Sales Highest Since 2009″]

Pending home sales in the United States

[brid video=”10408″ player=”1929″ title=”Gowdy “Three Main Points” to Explain Hillary Email Questions “Demonstrably False””]
House Select Committee on Benghazi Chair Trey Gowdy, R-S.C., said Sunday in an interview with “Face the Nation” that all of the explanations by Hillary Clinton to explain the email controversy have been “demonstrably false.”

“Every explanation she’s offered so far is demonstrably false,” Chairman Gowdy said. “We know that her seminal point — ‘don’t mind my unique email arrangement, you have everything you’re supposed to have’ — we know that that is patently false.”

Gowdy noted that recent revelations “undercut the three main points” made by Clinton in defense of her email irregularities.

The former secretary of state had claimed she used one device — disregarding the Obama administrations direct policy initiative and the Federal Records Act — as a matter of convenience. However, while sitting for an interview at the Watermark Silicon Valley Conference for Women in Santa Clara, California, which took place just two weeks before said press conference at the United Nations, Hillary Clinton said that she uses two cell phones — an iPhone and a Blackberry.

Clinton also said in March that she gave all of her work-related emails to the State Department, but a newly uncovered emails from longtime confidant Sidney Blumenthal prove Clinton was tekkubg another whopper. Further, she claimed those emails were “unsolicited,” when in fact, they were not.

House Select Committee on Benghazi Chair Trey

[brid video=”10403″ player=”1929″ title=”Greek Prime Minister Grovels Begs EU for More Time to Dodge Obligations”]

Greek Prime Minister Alexis Tsipras, the radical leftist who rose to power promising to dodge the nation’s financial obligations and day of reckoning, was forced to grovel and beg the European Union for an extension after they denied a request for more time to organize a referendum.

“The refusal of an extension of a few short days and the attempt to cancel a purely democratic process is an insult and a great disgrace to Europe’s democratic traditions,” Tsipras said. “I sent a short extension request again today,” he continued. “This time to the President of the European Council and to the 18 Heads of State of the Eurozone, as well to the heads of the ECB, European Commission and the European Parliament. I am awaiting their immediate response to this fundamentally democratic request.”

The prime minister was referring to a last-minute emergency request for a one-week extension on billions of dollars in debt to European creditors, which is due at the end of the month. The extension would be used to organize a referendum next Sunday, so the people of Greece can agree to the European Central Bank’s austerity terms.

Amazingly, not one time did Tsipras express an ounce of willingness to bare the burden of responsibility for his country’s reckless fiscal policy, which other members of the EU have had to sacrifice to deal with. At a time when his nation needs a leader, the socialist left-winger chose instead to punt to a referendum decided by people who he, the EU and the world all know again try to dodge their fiscal fate.

Tsipras channeled even tried to tap President Franklin Roosevelt in his nationwide emergency address.

“In these critical hours,” Tsipras said, “we must remember that the only thing to fear is fear itself,” Tspiras said.

However, unlike Roosevelt, he did not have the political or personal courage to tell those who elected him that sacrifice and economic pain is their reality until such time they can prevail against their challenges.

“They are the only ones who can immediately — even tonight — reverse the Eurogroup’s decision and enable the ECB to restore liquidity to the banks.”

Greek banks and the Athens Stock Exchange will be closed on Monday.

[Rough translation/transcript]

GREEK PRIME MINISTER ALEXIS TSIPRAS: Yesterday’s Eurogroup decision not to approve the Greek government’s request for a few days extension of the program to give the Greek people a chance to decide by referendum on the institution’s ultimatum constitutes an unprecedented challenge to European affairs — an action that seeks to bar the right of a sovereign people to exercise their democratic prerogative.

A high and sacred right, the expression of opinion.

The Eurogroup’s decision prompted the ECB to not increase liquidity to Greek banks and forced the Bank of Greece to recommend that banks remain closed as well as restrictive measures on withdrawals.

These decisions will only serve to bring about the very opposite result.

It is clear that the objective of the Eurogroup’s and ECB’s decision is to attempt to blackmail the will of the Greek People and hinder the democratic process, namely, holding the referendum. They will not succeed. They will further stregnthen the resolve of the Greek people to reject the unacceptable memorandum proposals and the institutions’ ultimatums.

One thing remains certain, the refusal of an extension of a few short days and the attempt to cancel a purely democratic process is an insult and a great disgrace to Europe’s democratic traditions.

For this reason, I sent a short extension request again today, this time to the President of the European Council and to the 18 Heads of State of the Eurozone as well to the heads of the ECB, European Commission and the European Parliament. I am awaiting their immediate response to this fundamentally democratic request.

They are the only ones who can immediate — even tonight — reverse the Eurogroup’s decision and enable the ECB to restore liquidity to the banks.

What is needed in the coming days is composure and patience.

The deposits of citizens in Greek banks is absolutely assured.

The same is guaranteed and the payment of salaries and pensions.

Any difficulties will addressed calmly and decisively.

The more calmly face the difficulties, the sooner we will overcome and the more mild will be the consequences.

We have the opportunity today to prove to ourselves and the world that justice can prevail. We once again have the historical opportunity to send to Europe and the world a message of hope and dignity.

And remember: In this critical hour, as we face history together, our only fear is fear.

We will not allow it to overcome us.
We will make it.

The dignity of the Greek people against the face of blackmail and injustice, will send a message of hope and pride throughout Europe.

Greek Prime Minister Alexis Tsipras, was forced

[brid video=”10377″ player=”1929″ title=”Roberts Court Leaning Left Debated on Fox News Sunday Panel”]

This week the Fox News Sunday Panel comprised of Brit Hume, Lisa Lerer, George Will, and Evan Thomas, discuss the Left turn in decisions by the Roberts Court. The panel, hosted by Chris Wallace, weighs the effects of Chief Justice Robert’s role in two landmark decisions regarding ObamaCare and same-sex marriage rulings. Hosted by Chris Wallace

This week the Fox News Sunday Panel

Sister-Wifes-polygamy

(From left to right) Robyn Brown, Meri Brown, Kody Brown, Christine Brown and Janelle Brown from ‘Sister Wives’ arrive at the grand opening of Mike Tyson’s one-man show ‘Mike Tyson: Undisputed Truth – Live on Stage’ at the Hollywood Theatre at the MGM Grand Hotel/Casino April 14, 2012 in Las Vegas, Nevada. (Photo: Ethan Miller/Getty Images)

 

Since I’m a bit old-fashioned, I think polygamy is rather weird. And it would also be a practical nightmare. Thinking about it from a guy’s perspective, imagine having to remember multiple birthdays and anniversaries?

Not to mention dealing with a more complicated approval process if you want toget permission to join another softball league or take an out-of-town trip!

To be fair, polygamy could also mean one wife and multiple husbands, but what woman would want to subject herself to that burden?!?

She wouldn’t even know who to blame if she found the toilet seat in the up position.

But let’s look at the issue from a more serious perspective, especially because of the Supreme Court’s recent decision on gay marriage.

In a column for Politico, Fredrik deBoer argues that polygamists should also be allowed to marry.

Welcome to the exciting new world of the slippery slope. Following on the rejection of interracial marriage bans in the 20th Century, the Supreme Court decision clearly shows that marriage should be a broadly applicable right… Where does the next advance come? The answer is going to make nearly everyone uncomfortable: Now that we’ve defined that love and devotion and family isn’t driven by gender alone, why should it be limited to just two individuals? The most natural advance next for marriage lies in legalized polygamy.

Yes, he’s serious.

…the moral reasoning behind society’s rejection of polygamy remains just as uncomfortable and legally weak as same-sex marriage opposition was until recently. …If my liberal friends recognize the legitimacy of free people who choose to form romantic partnerships with multiple partners, how can they deny them the right to the legal protections marriage affords? Polyamory is a fact. People are living in group relationships today. The question is not whether they will continue on in those relationships. The question is whether we will grant to them the same basic recognition we grant to other adults: that love makes marriage, and that the right to marry is exactly that, a right. …the notion that procreation and child-rearing are the natural justification for marriage has been dealt a terminal injury.

He makes a very good point that polygamous relationships exist, regardless of whether they’re legally recognized.

But should they get some form of legal recognition? Mr. deBoer says yes, and asserts that polygamists should be allowed to marry, while being careful to argue that the slippery slope should be limited.

…mutually-informed consent explains exactly why we must permit polygamy and must oppose bestiality and child marriage. Animals are incapable of voicing consent; children are incapable of understanding what it means to consent. In contrast, consenting adults who all knowingly and willfully decide to enter into a joint marriage contract, free of coercion, should be permitted to do so, according to basic principles of personal liberty.

And here’s his bottom line.

…many progressives would recognize, when pushed in this way, that the case against polygamy is incredibly flimsy, almost entirely lacking in rational basis and animated by purely irrational fears and prejudice. …The course then, is clear: to look beyond political convenience and conservative intransigence, and begin to make the case for extending legal marriage rights to more loving and committed adults. It’s time.

But maybe “it’s time” for a different approach, and not merely because the marriage penalty might be enormous in a polygamous marriage.

Before looking at an alternative to government-sanctioned marriage for polygamists, let’s ask ourselves a weighty philosophical question. Is it possible for good things to happen for the wrong reason?

Consider what’s happening in Alabama, where the state senate has voted to abolish government-granted marriage licenses.

In Alabama, resistance to same-sex marriage continues.  …we have legislation making its way through the house right now that could get rid of the entire institution of marriage as we know it in Alabama. Right now, if you want to get married you go to the courthouse and the probate judge gives you a marriage license. Attorney Jake Watson explains, “[SB377] does away with that and requires parties to enter into a contract and file it at the courthouse, as I understand it.” …The bill passed the Senate by a vote of 22-3. It’s now in the House.

The politicians presumably took this step because they don’t want gay marriage rather than because of libertarian principles.

But isn’t this the ideal outcome, even if the motivating force is hostility to gay couples? After all, why should the government have any role in sanctioning a marriage? In think that’s the right question whether we’re talking traditional marriage, gay marriage, or polygamous marriage.

Wouldn’t it be interesting if Alabama showed up the path forward, albeit unintentionally?

Sort of reminds me of how the Democratic Party in Virginia had a campaign of “massive resistance” to school integration during the civil rights era. Motivated by racism, the state government even flirted with a voucher system.

That’s odious, but imagine if vouchers had been put in place 50-60 years ago for a bad reason and had developed today into a model for better schools at lower cost? One that was especially advantageous to minority students! The old-time segregationists would be rolling in their graves.

Returning to the marriage issue, it’s also worth noting that there are additional benefits to getting government out of the marriage business. Churches would not face any pressure to alter their beliefs. Baptists could stick to traditional marriage, Unitarians could allow gay marriage, and Mormons (if they wanted to be retro) could allow polygamy.

Heck, maybe we could even allow statists to somehow marry government. Elizabeth Warren and the IRS would make a great couple!

And once we solve all those issues, all that remains is convincing people that they should find bakers and photographers without using coercion.

P.S. If the government was out of the business of marriage, that would eliminate an excuse for wasteful and ineffective pro-marriage spending by governments.

P.P.S. For those who appreciate humor, there are good gay marriage one-liners among the rest of the jokes you can peruse here, here, and here.

READ ALSO: Will SCOTUS Decision Legalize Polygamy, and Should We Even Care?

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In the wake of the Supreme Court

carbon-tax

Explaining why statists are wrong about policy is a necessary part of what I do, but it sometimes can get a bit predictable. So I’ve decided to periodically pick fights with people who generally are on the right side.

By the way, I’m definitely not talking about Republicans, who oftentimes are among the most worst people in Washington.

I’m talking about friendly fights with other policy wonks.

My first friendly fight featured my complaints about an anti-flat tax column by Reihan Salam of National Review, mostly because I think he got some economic analysis wrong even though I largely agreed with his political analysis.

My second friendly fight featured my grousing about the fiscal plan put forth by the American Enterprise Institute, which openly proposed that the tax burden should increase to enable a larger burden of government spending.

Time for a third fight. My former Cato colleague Jerry Taylor is now head of the Niskanen Center. He wrote a paper in March making “The Conservative Case for a Carbon Tax.” Here’s some of what he wrote.

…conservatives should say “yes” to a revenue-neutral carbon tax …so long as the tax displaces EPA regulation of greenhouse gas emissions and eliminates a host of tax preferences provided to green energy producers. If federal and state governments are going to act to reduce greenhouse gas emissions, better that they do so at the least economic cost possible. A carbon tax…promises to do that by leaving the decision about where, when, and how to reduce greenhouse gas emissions to market actors (via price signals) rather than to regulators (via administrative orders). A carbon tax would also produce revenue that can be used to provide offsetting tax cuts. …Suggestions have been made to use those revenues to offset cuts in the corporate income tax, the capital gain s tax, personal income taxes, payroll taxes, and sales taxes. If the carbon tax is less economically harmful than the tax it displaces, a revenue neutral carbon tax is worth embracing even if we leave aside the environmental benefits. …Morris calculates that her carbon tax would bring in about $88 billion in the first year,rising to $200 billion a year after 20 years

Everything Jerry wrote is theoretically reasonable, particularly since he is proposing a carbon tax as a replacement for counterproductive regulation and he also says the tax revenue can be used to lower other tax burdens.

But theoretically reasonable is not the same as practical policy or good policy. What if politicians pull a bait and switch, imposing a carbon tax but then not following through on the deal?

Jerry addresses these concerns.

Many conservatives resist carbon taxes because they believe that increases in federal revenues will increase the size of government. But virtually every proposed carbon tax put on the political table includes offsetting tax cuts to ensure revenue neutrality. Revenue neutral carbon taxes will not increase the size of the federal treasury. …The true definition of government’s size is not how many dollars the treasury extracts from the economy. It is best measured by how many resources are reallocated as a consequence of government. To the extent that carbon taxes are more efficient than command-and-control regulation at achieving the aims of greenhouse gas emission constraint, a carbon tax would serve to decrease the size of government relative to the status quo.

Those are fair points, and I particularly agree that fiscal policy is an incomplete measure of the burden of government.

So Jerry is right that a particular regulation might be more damaging that a particular tax.

Jerry continues to address concerns on the right about a carbon tax.

Many conservatives have argued that no matter how compelling the case for a carbon tax might be, it will be rendered intolerable by the time it emerges from the legislature. Politics, not economics, will dictate the tax rate. Exceptions and favors for politically popular industries will litter the code. And despite promises to the contrary, the inefficient regulations will never die. Economist Tom Tietenberg of Colby College examined the literature pertaining to the 15 major pollution tax and fee programs instituted worldwide and found that while concerns about the translating economic theory into political practice are not baseless, they are overstated.

I find Jerry to be less persuasive on this front. I’m not sure foreign evidence tells us much, in part because almost all other nations have parliamentary forms of government where the party in power, by definition, exercises both executive and legislative control in a system of strong party discipline.

Our separation-of-powers system, by contrast, necessarily requires consensus among Senators, Representatives, and the White House, further complicated by the necessity of moving legislation through committees. All of this results in the kinds of compromises and horse trading that can take clean theoretical concepts and turn them into Byzantine reality.

Heck, just consider the internal revenue code, which has become a nightmare of complexity.

But that’s not my main concern with Jerry’s proposed carbon tax.

My real objection is that I have zero trust that Washington won’t use the new tax as a tool for expanding the size and cost of government.

This isn’t just idle speculation or misplaced paranoia. The crowd in Washington is salivating for a new source of revenue. The Wall Street Journal opines on this development, citing the soon-to-be leader of Senate Democrats.

Chuck Schumer is…already planning for 2017…predicting that the political class might join hands and pass a carbon tax. “…many of our Republican friends will say we’ve been starving the government for revenues,” Mr. Schumer told an environmental event on Capitol Hill according to the Politico website, “but many of them will not be for raising [income tax] rates.” So Republicans and Democrats will both be hunting for revenues and “you might get a compromise” over a new carbon tax, he added.

The editors at the WSJ are not sold on this idea, to put it mildly.

It’s amusing that Sen. Schumer thinks a federal government that spends nearly $4 trillion and 21% of national output a year is “starving” for anything. …Our view of a carbon tax is that it might be acceptable as part of a tax reform that eliminated—entirely—some current revenue source such as the payroll or corporate income tax. But we don’t expect to live long enough to see that day. A slippery compromise would trade a new carbon tax for a reduction in some tax rates, but the politicians would soon return to raising those rates again. The U.S. would be left with the current tax burden plus the new carbon tax—and a permanently larger government.

The folks at the WSJ hit the nail on the head. More spending is the most realistic outcome if politicians get a new tax, whether it’s an energy tax, a value-added tax, a wealth tax, or a financial transactions tax.

And Jerry actually confirms my fears. Just yesterday, he posted some comments on the Wall Street Journal’s editorial, and what he wrote perfectly captures why advocates of smaller government are so resistant to a carbon tax.

He went from advocating a revenue-neutral (and regulation-eliminating) carbon tax in March to now saying it’s okay to have a net increase in the tax burden!

…there is a very strong, conservative case for doing exactly what Sen. Schumer proposed this week (if the revenues are used to reduce the deficit, as Sen. Schumer implied, rather than to fund more spending).

And keep in mind that Sen. Schumer doubtlessly intends to spend every penny (and more) that is generated by this new tax, so the real-world outcome would be even worse.

By the way, Jerry then ventures into the world of fiscal policy, asserting that there’s no hope of fiscal restraint and that Republicans should simply figure out ways to increase the tax burden.

This may be unpopular with Republicans at the moment, but sooner or later, bills must be paid. And there’s no chance whatsoever that those bills are going to be paid by savings gained from budget cuts alone. If a carbon tax is not going to provide the necessary revenues, then what do Republicans propose as a source of revenue in its stead?

Wow, there’s a lot wrong in those three sentences.

But I’ll just focus on a few points.

But you don’t have to believe me. Just read what leftists have said they want to do with the money from a new energy tax.

READ ALSO: Fiscal Fights with Friends, Part I: Responding to Reihan Salam’s …

READ ALSO: Fiscal Fights With Friends, Part II: Grading AEI’s Big-Picture Tax and …

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Dan Mitchell responds to former Cato colleague

[brid video=”10376″ player=”1929″ title=”The McLaughlin Group 62615 SCOTUS Rulings in ObamaCare and Gay Marriage”]

The McLaughlin Group on 6/26/15 discussed the latest and controversial Supreme Court decisions handed down last week on ObamaCare and gay marriage.

Coverage and opinions are both available, here for ObamaCare and here for gay marriage.

The McLaughlin Group on 6/26/15 discussed the


March of Marriage in DC

April 25, 2015 – Washington, DC USA: Protestors holds up a sign supporting heterosexual marriage at the March for Marriage (Photo:Patsy Lynch/Polaris/Newscom)

Whether you are for or against same-sex marriage, you should be concerned data suggest a prolonged culture war will now follow the Supreme Court ruling.

In fact, if you are against civil unrest and pro-federalism, then you should be against the Supreme Court issuing any ruling that effectively coerces culture, morality and marginalizes a central tenet of a faith or philosophy held by the vast majority of the body politic.

But let’s separate the philosophical from the numbers. We hear a lot about the marked shift in national public opinion in favor of same-sex marriage, as well as the fact a majority of states legalized the practice before the high court’s ruling. But what we don’t hear about is how proponents of same-sex marriage achieved those results, or if we should even give too much weight to the not-so overwhelming margin that constitutes this national trend.

It’s important to remember — particularly when considering the prospect of a culture war — the United States is just that; individual states with individual cultures and identities acting as a laboratory for democracy. This is the essence of our Republic, and despite progressives’ best efforts to nationalize the electorate such as the passage of the Seventeenth Amendment, our essence as a collective nation of states has largely prevailed in spirit and practice.

Let’s take a look at public opinion of sex-same marriage state-by-state, which helps to underscore that difference in culture and identity. Further, when we look at aggregate polling margins and compare them with actual vote totals when same-sex marriage has been on the ballot, at the very least we find an electorate that demonstrates elasticity on an issue like no other. As we have seen with abortion, such issues have a tendency to swing back-and-forth, which is even more likely if stories of Christian persecution and coercion become the norm, as many suspect it will.

Aggregate Public Opinion on Same-Sex Marriage Over the Past Two Years, State-by-State
State % support
(at 95% confidence level)
% opposition % no opinion Date of poll
New Hampshire[88] 75 ± 0.5 19 6 2014/04/02 – 2015/01/04
Massachusetts[17] 71 ± 4.2 19 10 2014/09/20–10/01
Rhode Island[88] 70 ± 0.5 19 11 2014/04/02 – 2015/01/04
Connecticut[88] 67 ± 0.5 26 7 2014/04/02 – 2015/01/04
Vermont[89] 66 ± 3.9 13 21 2013/06/05–20
New Jersey[88] 66 ± 0.5 27 7 2014/04/02 – 2015/01/04
Hawaii[88] 64 ± 0.5 31 5 2014/04/02 – 2015/01/04
Maine[17] 63 ± 2.8 27 10 2014/09/20–10/01
Washington[88] 63 ± 0.5 29 8 2014/04/02 – 2015/01/04
Oregon[88] 63 ± 0.5 30 7 2014/04/02 – 2015/01/04
New York[88] 63 ± 0.5 28 9 2014/04/02 – 2015/01/04
California[88] 61 ± 0.5 31 8 2014/04/02 – 2015/01/04
Colorado[88] 60 ± 0.5 32 8 2014/04/02 – 2015/01/04
Nevada[88] 60 ± 0.5 32 8 2014/04/02 – 2015/01/04
Illinois[88] 59 ± 0.5 34 7 2014/04/02 – 2015/01/04
Wisconsin[88] 59 ± 0.5 33 8 2014/04/02 – 2015/01/04
Minnesota[88] 58 ± 2.2 33 9 2014/04/02 – 2015/01/04
Arizona[88] 58 ± 0.5 33 9 2014/04/02 – 2015/01/04
New Mexico[88] 58 ± 0.5 35 7 2014/04/02 – 2015/01/04
Delaware[88] 57 ± 0.5 31 12 2014/04/02 – 2015/01/04
Iowa[88] 57 ± 0.5 37 6 2014/04/02 – 2015/01/04
Maryland[88] 56 ± 0.5 37 7 2014/04/02 – 2015/01/04
Pennsylvania[88] 56 ± 0.5 37 7 2014/04/02 – 2015/01/04
Michigan[88] 55 ± 0.5 37 8 2014/04/02 – 2015/01/04
Alaska[88] 54 ± 0.5 35 11 2014/04/02 – 2015/01/04
Nebraska[88] 54 ± 0.5 39 7 2014/04/02 – 2015/01/04
Ohio[88] 53 ± 0.5 39 8 2014/04/02 – 2015/01/04
Idaho[88] (cf. other poll) 53 ± 0.5 41 6 2014/04/02 – 2015/01/04
Florida[88] 52 ± 0.5 40 8 2014/04/02 – 2015/01/04
North Dakota[88] (cf. other poll) 50 ± 0.5 39 11 2014/04/02 – 2015/01/04
Virginia[88] 50 ± 0.5 43 7 2014/04/02 – 2015/01/04
Kansas[88] (cf. other poll) 50 ± 0.5 43 7 2014/04/02 – 2015/01/04
Texas[88] 48 ± 0.5 43 10 2014/04/02 – 2015/01/04
Montana[88] 47 ± 0.5 43 10 2014/04/02 – 2015/01/04
Missouri[88] 47 ± 0.5 44 9 2014/04/02 – 2015/01/04
Indiana[88] 47 ± 0.5 45 8 2014/04/02 – 2015/01/04
Georgia[88] 44 ± 0.5 47 9 2014/04/02 – 2015/01/04
Oklahoma[88] 47 ± 0.5 48 7 2014/04/02 – 2015/01/04
South Dakota[88] 44 ± 0.5 48 9 2014/04/02 – 2015/01/04
Louisiana[88] 42 ± 0.5 48 10 2014/04/02 – 2015/01/04
North Carolina[88] 44 ± 0.5 49 8 2014/04/02 – 2015/01/04
Kansas[90] (cf. other poll) 44 ± 3.0 49 7 2014/10/09–12
Wyoming[88] 41 ± 0.5 49 8 2014/04/02 – 2015/01/04
Utah[88] 43 ± 0.5 50 7 2014/04/02 – 2015/01/04
North Dakota[91] (cf. other poll) 39 ± 5 52 9 2014, unknown date
Kentucky[88] 40 ± 0.5 54 8 2014/04/02 – 2015/01/04
South Carolina[88] 39 ± 0.5 54 7 2014/04/02 – 2015/01/04
Tennessee[88] 39 ± 0.5 55 6 2014/04/02 – 2015/01/04
West Virginia[88] 37 ± 0.5 55 6 2014/04/02 – 2015/01/04
Idaho[92] (cf. other poll) 38 ± 4.3 57 5 2014/10/09–12
Arkansas[88] 36 ± 0.5 59 5 2014/04/02 – 2015/01/04
Alabama[88] 32 ± 0.5 59 9 2014/04/02 – 2015/01/04
Mississippi[88] 32 ± 0.5 61 6 2014/04/02 – 2015/01/04

(NOTE: Polls are linked to the latest aggregate data on Wikipedia, but final surveys are from “State of the States of same sex marriage”. Publicreligion.org. Public Religion Research Institute. 2015-02-11.)

Clearly, we have an enormous problem convincing Mississippi that Massachusetts knows what is best for them. Second, in my state of Florida, for instance, we are also asked to believe a 12-point margin exists in favor of same-sex marriage when it was voted down by over 60 percent of the vote in an otherwise strongly Democratic electorate.

Let’s look at how citizens have actually voted on the issue before discussing the separate issue of whether we violate the very principles of American governance when we decide such issues by asking 9 people, or in this case, 5 people. Worth asking, as well, is why proponents of same-sex marriage were so opposed to the democratic process if the public opinion trend was so favorable to their position.

Same-Same-Marriage-Vote-By-State

Legalization or banning of same same marriage by state by vote, legislature or judge. (Credit: Original image by Daily Signal modified by PPD)

Only 11 states have redefined marriage democratically, 8 through the legislatures and 3 through popular vote. In the 37 states that recognized same-sex marriage before the Supreme Court decision, 26 were forced to do so by courts and 21 of them voted against it with at least 60 percent of the vote.

Including 2012, when the state of North Carolina voted overwhelmingly (61 percent) to ban same-sex marriage, more than 50 million Americans have weighed in on whether to change the definition and institution of marriage at the ballot box. Those results are very much in line with the average across the nation. Overall, if we average the results from each referendum, a whopping 67.7 percent of the 50 million Americans who voted on same-sex marriage voted against it.

When comparing the actual vote totals with the aggregate polling in support of same-sex marriage one might be tempted to chock up the disparity to generational shifts and persuasive arguments by activists. However, if those and other factors have moved public opinion so dramatically that we are to disrespect and disregard the votes of over 50 million Americans and their sincerely held faith and beliefs, then obviously we too must ignore the obvious question.

If public opinion was so strongly in their favor, then why did proponents of gay marriage need to dismantle the very fabric of federalism, rather than put their argument to the ultimate test — a vote? After all, the Left has been the champion of the “one man one vote” movement to transform the Republic into a democracy, which James Madison prophetically wrote would “cannibalize” itself. So, why pull a Roe v. Wade on 50 million American voters?

Recent revelations indicate that Science, one of the world’s leading scientific journals, published a completely fabricated study on gay marriage last December. The report, which has been cited by multiple activists and pollsters to justify their efforts and results, found gay activists’ efforts to sway public opinion in conservative districts that voted against same-sex marriage were remarkably successful.

However, following reports from The Wall Street Journal, The New York Times, The Washington Post and People’s Pundit Daily, one of the study’s co-authors asked the journal to retract the publication. Donald P. Green, a Columbia University professor who signed on as a co-author of Mr. Michael LaCour’s study, bailed on the findings before losing his career. Apparently, Mr. LaCour made up the study out of whole clothe, a study widely heralded as further evidence of this marked shift in public opinion.

Our form of government was established as a Republic founded on small “r” republicanism, not a one-size-fits-all. Even the very idea of congressional districts was born out of our founders’ respect for the principle of proper representation, one that sets up a system of government in which the elected represents his or her constituents’ set of values.

Comparing abortion with same-sex marriage — though I’ve heard several good arguments for and against doing so — is ultimately a fair comparison. For starters, both issues speak to faith. It is difficult for the unbeliever to understand, but those who oppose abortion and same-sex marriage because of sincerely held beliefs and faith cannot be swayed by five judges. In fact, as Chief Justice Roberts pointed out, the court’s ruling is more likely to make it worse.

“Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today,” Roberts wrote in his dissent. “Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept.”

For once, I find myself in agreement with the Chief Justice, and am afraid that the data lays completely with his argument. At the end of the day, no matter what your position on same-sex marriage, the decision in Obergefell v. Hodges — like Roe v. Wade — has settled nothing.

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Whether you are for or against same-sex

Constitution-Dam

The Constitution is like a dam, a dam that holds back the waters of chaos and forces that seek the enslavement of men.

Like a dam, it is virtually impregnable to most things, like explosions or battering rams. As the forces of the water increase, physics make the dam harder and more resistant to destruction.

The only weakness however, is when a tiny crack appears. The water then can seem inside the dam and break it from within. This seepage is more powerful than any explosion or force and can undermine and eventually weaken the dam to where the forces overcome and destroy the dam.

The weakening of the 10th amendment this week is like that. Will society dramatically change overnight because of gay marriage? Not at all. Will it matter if the history of the confederacy is wiped clean by hysteria? Of course not.

But the chaos will seep in and expand the crack certainly, the same as the water under the dam. Eventually the erosion of constitutional protections is the most serious threat of all we face as Americans -– more serious than Obama or ISIS. The 10th Amendment secures individual liberty by leaving power in the hands of the States. Without that, the Federal government can gradually become more tyrannical and make more demands upon the American electorate.

This is the water behind the dam.

We all are in grave danger, both gay and straight, white and black, redneck and leftist.

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The Constitution is like a dam, a

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