Cultural Revolutions

DOMA

President Bush, in his State of the Union Address, repeated a campaign promise: “Because marriage is a sacred institution and the foundation of society, it should not be re-defined by activist judges.  For the good of families, children, and society, I support a Constitutional Amendment to protect the institution of marriage.”  The President must know, however, that his amendment is not going anywhere—not last year, not this year, not ever.  He needs 67 votes in the Senate, and he has 55, some of whom are squishy.  Last year, the President’s amendment got an embarrassing 48 votes.  Has he found another 19?

To get a real counteroffensive going, the President just has to follow through on the Republican platform.  The platform, adopted in New York City last August, promised to rein in “activist” judges who “threaten America’s dearest institutions and our very way of life.”  The President, the platform assured, will “restore the separation of powers and re-establish a government of law.”  One way to achieve that goal is to use “Article III of the Constitution to limit federal court jurisdiction; for example, in instances where judges are abusing their power by banning the use of ‘under God’ in the Pledge of Allegiance or prohibiting depictions of the Ten Commandments, and potential actions invalidating the Defense...

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