(September 4, 2015 at 10:53 am)SteelCurtain Wrote:(September 4, 2015 at 8:46 am)ChadWooters Wrote: Kim Davis had as an elected official a duty to follow the law. But then again so did the clerks who broke the law to issue licenses when it wasn't legal to do so. None of them went to jail. What about the mayors and officials in so called sanctuary cities? None of them are in jail. The US constitution has been tortured to the point where anything can be ratioalized no matter how intrusive. The fact is that our governing authorities ignore the law when it is convenient or fits their adgenda. I mourn the lose of a once great nation.
Those clerks were taken to court. And the judge interpreted the statute that they were disobeying and found it to be unconstitutional.
Which is the exact same process that Kim Davis was afforded. She was not jailed immediately. She was jailed after she appealed multiple times, was denied a stay, was issued a direct order from a U.S. District Court to do her job, and refused to follow the instruction of the judicial order.
Had the judge in Colorado, for example, upheld the DOMA statute, issued an order for the clerks there to stop issuing same sex marriage licenses, and they continued to do so, they would be in jail as well. But that's not what happened. Sorry, Chad, your overactive selection bias has undone you again.
As I mentioned in my post the Constitution has been tortured by every regime since Wickard v Filburn to Kelo v City of New London. The words and phrases like well-regulated and general welfare have been divorced from the clear meanings they had in the 18th century when they were penned. The federal government is no longer limited to enumerated powers. They can pretty much do what they want.
So I'm not singling out any particular party or judicial overreach. If the Constitution can be interpreted to mean whatever those in power want then the US is a nation of men, not law.