A tough, but politically interesting issue.
I’m a very big believer in the Constitution of the United States. Within that document is the 10th Amendment.
That Amendment states as follows:
“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.”
For me, the 10th Amendment is not the 10th Suggestion. Morality of this situation aside, the fact of the matter is that Congress has no right, by way of the Constitution of the United States, to intervene in this matter.
Specifically, Article One of the Constitution indicates that Congress may not get involved.
Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."
A Bill of Attainder is defined as “a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment."
The US Supreme Court has twice refused certiorari on this issue. The law in Florida is quite clear: the husband has the say.
I recognize that the parents and siblings here feel differently. But there is no good outcome when Congress feels compelled to usurp judicial authority like they did with the passage of their unconstitutional bill for Dr. Elizabeth Morgan.
The Constitution is greater than any one of us. I have taken an oath to uphold it. And my take on this is that the system has run its course… and it’s time to let go.
I’m also driven by the fact that were I in her position, there is no doubt in my mind that I would not want to be treated that way.
Let it go. And Congress or Mr. Bush?
Stay out of it.
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