Protect Marriage Without Constitutional Amendment
Mike Thompson
Friday, Dec. 26, 2003
In Massachusetts, historic cradle of American liberties, the state Supreme
Court has become the contemporary incubator of libertines, decreeing that the
Legislature, like it or not, must draft a law to legitimize homosexual coupling.
In Washington, DC, just a few weeks before, the U.S. Supreme Court had set
the predicate for the Bay State's perversion of marriage when it decreed that
states may not criminalize private and consensual adult homosexual acts.
Such radical departure from the norms of society has provoked an
overriding majority of Americans to demand a constitutional amendment or something to
undo what the people see as unwarranted and dangerous mischief by a willful
gang of sanctimonious judges Hell bent to turn the culture upside down and
inside out.
The President and most Republicans in Congress, being ardent
heterosexuals and astute politicians, have threatened to push for Constitutional change
and affirm unequivocally that marriage is exclusively for a man and a woman.
That course of action, however, is no snap to accomplish.
Two-thirds of the
House and Senate must agree on the proposed amendment before submitting it to the
50 states, 38 of which must approve the change before it becomes the supreme
law of the land.
There is a faster way to neutralize the black-robed troublemakers:
Articulate and use a quaint concept called "Popular Sovereignty," serially
postulated by philosophers Thomas Hobbes, Jean-Jacques Rousseau, and, most importantly,
John Locke, and adopted enthusiastically by American colonists.
Popular Sovereignty is the notion, in Thomas Jefferson's words, that the
mass of mankind was not born "with saddles on their back, nor a favored few
[born] booted and spurred, ready to ride them legitimately, by the grace of
God." (The grace-of-God phrase is a swat at the supreme arrogance of monarchy, a
boast still found on British coins [Dei gratia, rex, or, if the ruler is a
queen, regina.].)
To the contrary, colonial Americans demanded that any
government (whether a republic or a monarchy or any other concoction) must recognize
that it may rule only with the authority and at the pleasure of the people.
Even residents of tiny, unsophisticated Pittsfield, Massachusetts, expressed
that simple idea powerfully in a resolution they passed in May 1776. "The people
are the fountain of power," they proclaimed.
"But precisely because men are not so foolish as to risk being devoured
by lions, they will not delegate, and the government therefore will not receive
[in Locke's words] an 'absolute arbitrary power,' " wrote Georgetown
Professor Walter Berns (Taking The Constitution Seriously, Simon and Schuster, 1987).
"The people will want to put bounds or limits to the powers they hand over."
That is, the people will establish a constitution that determines, defines
and delineates the specific powers and trust they will extend to the lions.
How would the people know if the trust they had given their rulers had
been broken, thus allowing the people to rebel within the framework of a
constitution?
Locke's words on that subject were quite readily understood and
endorsed by the colonists: When rulers ignore settled law in favor of "inconstant,
incertain, unknown, and arbitrary government," then the point of rebellion is
reached.
Clearly, when it comes to society's understanding of what constitutes
marriage today, settled law is severely being ignored in favor of the uncertain,
the unknown and the arbitrary. Even devotees of the homosexual agenda would
be hard pressed to disagree with this matter-of-fact assessment.
The people's right to rebel within the framework of the U.S. Constitution
is tacitly recognized by every member of Congress, for it is the legislative
branch, not the judicial and executive, which directly feels the biennial
exercise of Popular Sovereignty (called "elections"). If Congress does not act
swiftly and decisively on a major issue, Popular Sovereignty will remove
unpopular incumbents and replace them appropriately.
Because of John Locke's influence on the drafting of the U.S.
Constitution (although he had died 80 years earlier), Congress is "first among equals."
The document's very drafting sequence indicates this priority, for Article I
deals with the legislative branch (Articles II and III, with the executive and
judicial branches, respectively).
--While the judiciary cannot control Congress, Congress certainly can
control the judiciary. In Article 1, Section 8, Congress has the power to create
(thus, the implicit power to eliminate) any federal court beneath the Supreme
Court. That power is reiterated in Article 3, Section 1. Congress, it would
seem, also may remove lower federal judges who subvert Popular Sovereignty by
abolishing the judge's court. The Constitution says a judge may hold office
during "good behavior" and that his compensation shall not be diminished
during "continuance in office." If there's no office to hold, a judge will be back
in private practice or teaching at Harvard Law.
--While the Supreme Court cannot control Congress, Congress certainly can
control the Supreme Court by denying it the right to hear certain appeals.
(Article III, Section 2: ". . . the Supreme Court shall have appellate
jurisdiction, both as to law and fact, with such exceptions, and under such
regulations as the Congress shall make" [emphasis added].)
If it wishes to expedite and underscore its commitment to Popular
Sovereignty and fire a massive shot across the bow of unjust and unjustifiable
judges, Congress as soon as possible should convene, draft a bill (not a
constitutional amendment), pass it, and submit the legislation at once to the President
for what likely would be an immediate signature.
Legislation must contain unmistakable language that 1) marriage and any
other permanent, two-person sexual union throughout the United States shall be
recognized at all levels of government only if the marriage or union is
between a biological, natural-born man and a biological, natural-born woman, and 2)
the Supreme Court and, arguably, the entire congressionally constituted
judiciary may not review the law.
Meantime, in anticipation of the predictable howls by Laurence Tribe, The
New York Times, Ruth Bader Ginsburg, Michael Jackson, Rosie O'Donnell, San
Francisco's Board of Supervisors, et alia, White House speechwriters should be
ready with an appropriate soundbite or two for President Bush's news
conference.
Perhaps he could say something like, "How many divisions does the Supreme
Court have?" and, "I am referring all questions to my favorite lawyer, John
Locke, who is out of town and not expected back anytime soon."
Mike Thompson is author of Preying In School: How Homosexuals Recruit Your
Kids, available from Xulon Press, 1-866-909-2665.
More on Preying in School: The world's first referendum on homosexuality was barely 25 years ago, in
sunny Miami-Dade County, where in 1977 Florida's official orange-juice saleswoman
(and popular country/gospel singer) Anita Bryant led the voters in a thumping
repeal of "gay rights" legislation.
At Anita's side as chief political strategist, debater and advertising man
was Mike Thompson, a powerful figure in Republican and conservative politics
since the mid-1960s.
Now Thompson has packaged a blockbuster and highly readable book on how
homosexual activists have opened a new front in their war to demand society's full
approval.
"In the midst of a gay-embracing frenzy by bipartisan politicians, the news
media, the entertainment world, academia and the other usual suspects," writes
Thompson, "there are nevertheless tens of millions of Americans (the familiar
Silent Majority) who don't embrace homosexuality. Indeed, they consider
homosexuality to be perverse and adverse personal behavior.
"What most of these parents don't realize is that in addition to naïve
educators, there are powerful forces inside their children's public schools who
skillfully scheme to intimidate heterosexual students into silence or, worse,
recruit them into homosexuality itself."
Thompson then lays out factually the strategies and gross propaganda
materials employed nationwide by GLSEN, the Gay, Lesbian and Straight Education
Network, to penetrate classrooms, amazingly, from kindergarten to college level.
(GLSEN also organizes after-school sex clubs [Gay-Straight Alliances] that meet
on campus to facilitate "safe dating.")
Quoting extensively from the GLSEN-approved study list of special
"children's" literature, the author reveals that much of the group's material, if
depicted in a movie, would be considered X-rated, obscene and actually constitute
child pornography.
Thompson also cites various medical, scientific and criminal-justice sources
to debunk a litany of homosexual claims regarding their lives and alleged
danger from heterosexuals.
Particularly compelling is a chapter dealing with the need for full
disclosure, in which Thompson masterfully compiles chilling numbers on the longevity of
homosexuals and the heavy burden of disease, illness and substance abuse
inherent in their choosing "a deathstyle, not a lifestyle."
Thompson's multifaceted solution to driving homosexual propaganda out of
public schools is both solid and creative, and boils down to this: Parents must
demand that schools fight homosexual behavior just as vigorously as they fight
alcohol, drugs, reckless driving and other life-threats to our children.