Monday, July 26, 2004

Slipped Under The Radar

In the wake of the failure of the FMA to even get a real debate in the Senate, House Republicans have slipped passed one of the most asinine bills I've ever read, and it hasn't been getting a terrible lot of press. Afraid that a court will strike down the DOMA, they've decided to try to strip those courts of deciding the constitutionality of the DOMA with H.R. 3313, which states:

No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, section 1738C [the Defense of Marriage Act] or this section.

So let me get this straight, venerable Representatives: because your attempt to exclude homosexuals from marriage by enshrining it in the Constitution via an amendment failed miserably, you've decided to make it constitutional by not allowing anyone to question whether or not it is. Oh, and because of that little phrase "or this section", no one can question the constitutionality of not letting anyone question the constitutionality of the DOMA. Which is funny, of course, because according to that Constitution, specifically Article 3, Section 2, H.R. 3313 is, um, blatantly unconstitutional.

Way to go guys! This attempt to subvert the constitution and the will of the people, especially future generations, strikes me as, um, what should I call it? Oh, right, legislative activism. Now granted, it all doesn't really matter because this won't make it passed the Senate; I'm just amused at how desparate Congress is acting. Don't they have a war on terror to conduct and a middle eastern nation to rebuild?

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