Integrity Legal

Notwithstanding the fact that the American federal government currently finds itself in gridlock due to issues such as the debate over the raising of the debt ceiling and other issues pertaining to the national deficit there appears to be one issue that seems to be continually overlooked by members of both parties in the United States Congress. That issue is: federal recognition of State licensed same sex marriage. Regardless of the provisions in the United States Constitution regarding Full Faith and Credit as elucidated in the language of the Full Faith and Credit Clause, the third section of the so-called “Defense of Marriage Act” precludes federal recognition of same sex marriage even in situations where such unions are legalized and/or solemnized in one of the American State jurisdictions which license such marital unions.

In the interests of full disclosure, this blogger originates from the Great State of Kansas and that State has opted to pass a ban upon same sex marriage as a State Constitutional amendment. This blogger disagreed with the promulgation of that amendment at the time because he has always believed that the States have no right to legislate as to We The People‘s natural rights and prerogatives. That stated, where State legislation augments personal liberty and is not preempted expressly by the enumerated powers of the federal Constitution, such legislation should be accorded Full Faith and Credit pursuant to the United States Constitution not to mention pursuant to the law of the land in the United States of America.

Bearing the above in mind, the issue of same sex marriage and federal recognition thereof is a thorny one since there are those States which expressly ban such unions while concurrently there are those which expressly permit such unions. Therefore, there could be a situation where a same sex marriage is performed and thereby legalized in one State and thereafter the couple cannot be divorced in another State jurisdiction as said jurisdiction does not permit such unions pursuant to State public policy. The courts in the non-recognizing State may be required to recognize that a same sex marriage in another jurisdiction exists in fact, but may not allow the same sex couple to receive a divorce. For more on these concepts it is prudent to review the previous blog posting regarding the concept of vertical vs. horizontal Full Faith and Credit.

Bearing all of the above in mind, it is this blogger’s opinion that the issue of same sex marriage recognition, at least at the federal level, is a virtually non-partisan issue since it touches upon basic human rights as well as those notions inherent to the concept of States’ Rights. As a result, politicians should not have a “tough sell” on this issue with respect to their constituents as Republican legislators can note that support of legislation such as Representative Jerrold Nadler‘s Respect For Marriage Act is supportive of reserved State prerogatives. Meanwhile, Democrats can note that support for repeal of DOMA is in the interests of human rights, civil rights, and Equal Protection.

It remains to be seen how these concepts will come to evolve as the legislative session continues, but it is clear that this issue dovetails many key concepts that Americans associate with personal freedom and Constitutional law.

– Benjamin Walter Hart

For further information regarding federal recognition of same sex marriage please see: Certainty.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: America State, certainty, civil rights, Constitutional Law, Defense of Marriage Act, enumerated powers, equal protection, federal recognition of State licensed same sex marriage, Full Faith and Credit, Full Faith and Credit Clause, Human Rights, law of the land, personal freedom, Representative Jerrold Nadler, Respect for Marriage Act, same sex civil union, Same Sex Marriage, same-sex partnership, State Constitutional amendment, State of Kansas, State public policy, States' Rights, United States Congress, United States Constitution, vertical vs. horizontal Full Faith and Credit, We The People
Posted in Opinion | No Comments »

It recently came to this blogger’s attention that some in the American Capital are urging the United States President to unilaterally raise the American debt ceiling notwithstanding apparent lack of Congressional approval for such action. In order to provide further elucidation on these developments it is necessary to quote directly from the official website of Politico, Politico.com:

Rep. James Clyburn and a group of House Democrats are urging President Barack Obama to invoke the 14th Amendment to raise the debt ceiling if Congress can’t come up with a satisfactory plan before the Tuesday deadline. Clyburn, the third-ranking House Democrat, said Wednesday that if the president is delivered a bill to raise the debt ceiling for only a short period of time, he should instead veto it and turn to the phrase in the Constitution that says the validity of the U.S. government’s debt “shall not be questioned…”

The administration of this blog strongly encourages readers to click upon the relevant hyperlinks noted above to read this fascinating article in detail.

An interesting facet of the quotation cited above is the fact that political obfuscation seems to be in use in order to misdirect the public from the glaring logical disparity between the notion of an American President unilaterally raising the American debt ceiling and the clearly delineated separation of powers in the Constitution (the separation between the powers of the executive, legislative, and judicial branches) which explicitly rejects such a notion. Furthermore, some commentators have noted that Congress has explicitly set a debt ceiling thereby manifesting their political will with regard to the raising of American debt. To provide further insight it is necessary to quote directly from the Financial Times website, FT.com:

If there is no increase in the debt ceiling by August 2, then the Treasury will not have enough money to meet all its commitments without borrowing more money, which it will not be able to do without breaking a wartime law from 1917 that created the debt ceiling.

This blogger asks readers to click upon the relevant hyperlinks above to read this article in detail.  Further relevant insight is found by quoting directly from the aforementioned section of the 14th Amendment which is posted upon the Wikipedia website, Wikipedia.org:

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States…

This blogger asks readers to click upon the relevant hyperlinks noted above to read about the 14th Amendment and its history in detail.

The important phrase in the above citation is “authorized by law”. To provide illumination regarding the importance of this phrase it is necessary to understand how American law is made. In order for a law to be enacted in the United States it must be passed by the United States House of Representatives and the United States Senate before being placed upon the desk of the American President for either signature (which denotes enactment) or veto (which can result in the overall defeat of a proposed bill). Should the President veto a piece of proposed legislation then that piece of legislation can overcome said veto only if the House and Senate vote by a 2/3 majority to enact said legislation. Nowhere has it ever been noted that the American President may unilaterally impose debt upon the American public without authorization from the peoples’ representatives in the body of the United States Congress. In fact Article 1, Section 8 of the United States Constitution vests exclusive authority to raise debt in the Congress, to quote directly from the enumerated powers of the United States Constitution as noted on the Wikipedia website Wikipedia.org:

The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The administration of this web log asks readers to click upon the relevant hyperlinks noted above to read more about these powers.

Clearly, Congress is the only branch of the American government with the enumerated power to authorize the borrowing of funds in the name of the American People. Therefore, the notion that a President taking such action unilaterally and without the approval of Congress is spurious, fallacious, and downright dangerous as it goes against the plain language of the enumerated powers noted in the provisions of the Constitution itself. Here is an interesting further point to ponder: could the unilateral action of a President which raises the debt level of the United States, notwithstanding Congressional refusal to do so, be construed to be a “debt or obligation incurred in aid of insurrection or rebellion against the United States” since said action would expressly contradict the will of the Congress (as manifested in the form of the debt ceiling itself) which, pursuant to the provisions of Article 1, Section 8 of the United States Constitution, has the exclusive authority “To borrow Money on the credit of the United States”? It is a rather subtle point, but an interesting one nonetheless.

Issues pertaining to the American debt ceiling can, as noted in previous postings on this web log, have an impact upon Consular Processing since every US Embassy, US Consulate, or American Mission abroad could face closure in the face of a US government shutdown that could arise as a result of a failure to reach an agreement regarding the American debt ceiling. There is a theoretical possibility that the United States Citizenship and Immigration Service (USCIS) could remain open despite a Government Shutdown since that agency is self-funded. However, such a development remains to be seen. That stated, in order to overcome this obstacle American legislators need to engage in a good faith negotiation regarding the US debt. Using specious arguments to propose questionably legal activities serves no good purpose since such activity could result adverse circumstances for all concerned.

–Benjamin Walter Hart

For information related to legal services in Southeast Asia please see: Legal.

Tags: 14th Amendment, 2/3 majority, American Mission, authorized by law, bounties, Consular Processing, debt ceiling, debts, executive branch, Fourteeth Amendment, Government Shutdown, insurrection, judicial branch, legislative branch, pensions, President Barack Obama, public debt of the United States, rebellion, Representative James Clyburn, Separation of Powers, shall not be questioned, To borrow Money on the credit of the United States, United States Citizenship and Immigration Service, United States Congress, United States House of Representatives, United States Senate, US Consulate, US Embassy, US Treasury, USCIS, veto
Posted in Editorial, Opinion, US Constitution | No Comments »

It recently came to this blogger’s attention that American federal legislators appear poised to introduce legislation aimed at legalizing marijuana in an intra-State context (although there do appear to be measures in place to deal with the possibility of inter-State smuggling and issues associated therewith). To provide better perspective on this issue it may be best to quote directly from Yahoo News Canada at Yahoo.com:

A group of US representatives plan to introduce legislation that will legalize marijuana and allow states to legislate its use, pro-marijuana groups said Wednesday. The legislation would limit the federal government’s role in marijuana enforcement to cross-border or inter-state smuggling, and allow people to legally grow, use or sell marijuana in states where it is legal. The bill, which is expected to be introduced on Thursday by Republican Representative Ron Paul and Democratic Representative Barney Frank, would be the first ever legislation designed to end the federal ban on marijuana. Sixteen of the 50 states as well as the District of Columbia have legalized the use of marijuana for medical purposes…

Readers are strongly encouraged to click upon the hyperlinks noted above to learn more about these developments. Readers are also prudent to note that as of the time of this writing, marijuana is either illegal or its usage is highly restricted in many jurisdictions around the globe. Those Americans interested in learning more about such matters are encouraged to contact a licensed attorney in their jurisdiction. Readers should further note that usage of marijuana is strictly prohibited in the Kingdom of Thailand.

These developments are interesting as it would appear that the real impetus behind this legislative move stems from what would appear to be a genuine bi-partisan desire on the part of legislators to find new sources of tax revenue at the State and federal levels while simultaneously relaxing restrictive regulations that diminish the civil liberties of the American Citizenry. Readers are asked to recall that Representative Barney Frank has been a proponent of a more permissive regulatory structure pertaining to online gaming. Meanwhile, Representative Ron Paul has been an ardent advocate for American civil, individual, and States’ Rights for a number of years. It will be interesting how this proposed legislation fares in the nation’s Congress.

Although seemingly unrelated to the developments in the United States, officials on the island of Taiwan have recently noted that there is to be a relaxation of restrictions placed upon tourists coming to that location from Mainland China. In order to place these developments in context it may be prudent to quote directly from the website News.com.au:

TAIWAN has lifted a decades-old ban on travel to the island by individual Chinese tourists, saying visitors would act as “peace ambassadors” for the former arch foe. The first batch of independent mainland tourists, from Beijing, Shanghai and the city of Xiamen on the southeast coast, were expected to arrive next Tuesday, local media reported. Travel between the island and mainland stopped at the end of the civil war in 1949, and mainland tourists have so far only been allowed to visit Taiwan in groups due to official concerns they might otherwise overstay their visas and work illegally…

The administration of this blog recommends that readers click upon the relevant hyperlinks above to learn more details on this developing story.

Clearly, intra-China tourism is likely to increase revenue and commerce for all concerned. As noted previously on this blog, China continues to show signs that there will be significant economic growth moving forward. It stands to reason that such growth may have beneficial consequences for other jurisdictions in the region as Chinese tourists travel to other locales and Chinese businesses trade and increase their presence in foreign venues. Hopefully these developments will be an economic boon to the Taiwanese economy.

For information related to pending legislation in the United States please see: Uniting American Families Act or Respect for Marriage Act.

For information related to legal services in Asia please see: Legal.

Tags: Beijing, China, China Business, China News, Chinese tourists, Civil Liberties, civil rights, Democratic Representative Barney Frank, licensed attorney, marijuana law, marijuana legislation, Online Gaming, peace ambassadors, Peoples' Republic of China, PRC, Republic of China, Republican Representative Ron Paul, ROC, Shanghai, States' Rights, Taiwan, Taiwan Business, Taiwan News, Travel To China, Travel To Taiwan, United States Congress, US representatives, Xiamen
Posted in American Business, American Institute Taiwan, China Business, News, Online Gaming, Opinion, States' Rights, US Constitution | No Comments »