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Chapter 13

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Morality & the Constitution

Chapter 13 – The Solution

 

The Seventeenth Amendment upset the balance of power between Washington and the States, and the federal government became a centralized democracy operating over the top of the separate State governments.  The federal Supreme Court followed along with the plan and began stripping powers from the States and giving it to themselves.  First came religion, then birth control and abortion, and finally the Lawrence v. Texas elimination of prohibitions against all deviant sexual activities.

A repealing of the misplaced amendment will reverse the process, restoring to the States control over all aspects of power in Washington.  New federal judges and Supreme Court justices will obtain their positions on the bench by the grace of no less than 26 state legislatures.  If the Court fails to honor the constitution and continues to take liberties on the Fourteenth Amendment due process clause then the States, now with all the power of the federal government, will have several options available from initiating stricter measures for confirming new judges, to the extreme of impeachment.   Under such a system it is almost inconceivable that the Court would not oblige and respect the rights of the States.

With a repealed Seventeenth Amendment, the States will in time regain their constitutional right to religious education in schools, and the unwarranted federal prohibitions of religion in state institutions will entirely go away.  The federal government will retain the power of insuring individual religious liberty, but a States’ rights minded Court will guard the power of the States, just overturning genuinely substantive due process violations.

Powers formerly reserved for the people will be returned to the people.  All aspects of morality will be within the right of regulating by the states, within the reasonable limits of the Fourteenth Amendment, and a variety of levels of tolerance for immoral behaviors will develop.   In time, those states with the better system will prevail, and failing states will look to those having a success.

Homosexuality and other deviant sexual practices will not likely ever be entirely prohibited and there is no reason that they should.  These practices will be contained to various regions where they are tolerated.   Abortion will remain legal to varying degrees, and those states and communities wishing to strictly practice religion will have a means of doing so.

The interest of the federal Supreme Court will be of ensuring that each of the communities enforces their laws fairly and equally, and that grievous violations of fairness by a state are addressed.

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