{"id":2087,"date":"2013-03-28T17:29:43","date_gmt":"2013-03-28T21:29:43","guid":{"rendered":"http:\/\/davidcprice.com\/?p=2087"},"modified":"2013-03-28T17:32:24","modified_gmt":"2013-03-28T21:32:24","slug":"faux-federalism","status":"publish","type":"post","link":"http:\/\/davidcprice.com\/faux-federalism\/","title":{"rendered":"Faux Federalism"},"content":{"rendered":"

\"cp\"<\/a>There is an interesting article in the Christian Post<\/a> entitled, “The Faux Federalism Argument Against DOMA”. In it, Dr. John C. Eastman, Professor of Law & Community Service at the Chapman University School of Law, argues that the principles being used to attack the merits of the Defense of Marriage Act is a clear misunderstanding of federalism.<\/p>\n

Proponents claims that DOMA is unconstitutional because it usurps authority over issues rightly carried out on the state level rather than the federal. \u00a0Eastman states that the federal government has always maintained certain jurisdiction in what are largely state issues within the bounds of federalism and with good reason.<\/p>\n

Here are a couple of excerpts:<\/p>\n

The arguments reflect a serious misunderstanding of federalism, as a simple analogy will demonstrate. Property law, too, is a core function of state governments. But every year, millions of Americans deduct from their income taxes mortgage interest paid on their primary residence. Suppose Massachusetts were to redefine “residence” to include “automobile.” Under the faux federalism argument being urged to the Court, any Massachusetts citizen would thereby be able to deduct from their federal income taxes the interest on their automobile loan, and the federal government would have no power to define “residence” for federal purposes as it had always been understood, lest it intrude on that core state power. Such a conclusion is absurd.<\/p><\/blockquote>\n

Clarifying the purpose and extent of DOMA:<\/p>\n

DOMA does not force states to accept the federal definition of marriage. That would indeed run afoul of federalism principles. But it does prevent any single state from forcing its definition on the federal government (Section 3), or on any other state (Section 2). That allows each state to chart its own path, as federalism requires, but it does not allow any state to chart a path for the rest of the country. That is federalism as it should be.<\/p><\/blockquote>\n

Read the entire article here<\/a>:<\/div>\n
\n\t\t\t\t\tTweet<\/a>\n\t\t\t\t<\/div><\/div>","protected":false},"excerpt":{"rendered":"

There is an interesting article in the Christian Post entitled, “The Faux Federalism Argument Against DOMA”. In it, Dr. John C. Eastman, Professor of Law & Community Service at the Chapman University School of Law, argues that the principles being used to attack the merits of the Defense of Marriage Act is a clear misunderstanding…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[7,21],"tags":[523,524,522,273,516],"jetpack_publicize_connections":[],"aioseo_notices":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p3jKZO-xF","jetpack-related-posts":[{"id":139,"url":"http:\/\/davidcprice.com\/my-politics\/","url_meta":{"origin":2087,"position":0},"title":"My Politics","date":"October 22, 2008","format":false,"excerpt":"For too long, in my opinion, Christians, in general, have aligned themselves with a particular party. Now, the trend seems to be going the other way. The reasons cited usually have something to do with one or two particular issues. On the left, it seems mostly environmental and justice issues.\u2026","rel":"","context":"In "Christian Living"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1403,"url":"http:\/\/davidcprice.com\/my-take-on-the-chick-fil-a-flap\/","url_meta":{"origin":2087,"position":1},"title":"My Take On the Chick-fil-A Flap","date":"July 27, 2012","format":false,"excerpt":"I suppose I should start out with a disclaimer so some of you don\u2019t turn me off before reading any further: I do not support the spirit behind the image posted to the right. I really don\u2019t think it\u2019s helpful (clever as it may be). However, it highlights an important\u2026","rel":"","context":"In "Christianity"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1111,"url":"http:\/\/davidcprice.com\/first-baptist-church-of-the-republic\/","url_meta":{"origin":2087,"position":2},"title":"First Baptist Church of…the Republic?","date":"December 22, 2010","format":false,"excerpt":"Over at the White Horse Inn, there is a good article on the Church and politics called, No Nation Under God, that I've included in my Google Shared Items Page and I encourage you to read it in its entirety. In this article, Pastor Jason Stellman discusses the way in\u2026","rel":"","context":"In "Church"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2057,"url":"http:\/\/davidcprice.com\/a-pivotal-day-gay-marriage-before-the-supreme-court\/","url_meta":{"origin":2087,"position":3},"title":"A Pivotal Day: Gay Marriage Before the Supreme Court","date":"March 26, 2013","format":false,"excerpt":"Today is a big day in our Country. \u00a0The United States Supreme Court will begin hearing arguments regarding California's \"Prop 8\" ban on same-sex marriage. \u00a0The suit that will be heard by the Court is being brought by one lesbian and one gay couple, challenging the voter-approved ban. As I've\u2026","rel":"","context":"In "Apologetics\/Worldviews"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":29,"url":"http:\/\/davidcprice.com\/mia-the-strong-silent-type\/","url_meta":{"origin":2087,"position":4},"title":"M.I.A.: The Strong, Silent Type","date":"April 2, 2008","format":false,"excerpt":"I have been reflecting on Charles Spurgeon's devotion for this morning which referenced Matthew 27:11-14. That's the section that tells of Jesus before the governor, being asked as to whether or not He was the \"King of the Jews.\" Jesus only response was, \"You have said so.\" It then follows\u2026","rel":"","context":"In "Christian Living"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":4855,"url":"http:\/\/davidcprice.com\/the-fight-for-life\/","url_meta":{"origin":2087,"position":5},"title":"The Fight for Life","date":"May 3, 2021","format":false,"excerpt":"I'm so thankful and proud of the elected leadership in Tennessee for standing up to the abortion industry. As Planned Parenthood continues to expand it's reach, now focusing on Chattanooga, Tennessee has just passed a bill\u00a0that declares personhood at the time of conception. The bill now goes to the desk\u2026","rel":"","context":"In "Abortion"","img":{"alt_text":"","src":"https:\/\/i0.wp.com\/davidcprice.com\/wp-content\/uploads\/2021\/05\/Baby-Born_840x480.jpeg?fit=840%2C480&resize=350%2C200","width":350,"height":200},"classes":[]}],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/posts\/2087"}],"collection":[{"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/comments?post=2087"}],"version-history":[{"count":10,"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/posts\/2087\/revisions"}],"predecessor-version":[{"id":2097,"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/posts\/2087\/revisions\/2097"}],"wp:attachment":[{"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/media?parent=2087"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/categories?post=2087"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/davidcprice.com\/wp-json\/wp\/v2\/tags?post=2087"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}