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Thread: Alabama Chief Justice Urges Defiance of Federal Tyranny

  1. #1

    Default Alabama Chief Justice Urges Defiance of Federal Tyranny



    In a powerful letter sent to Alabama Gov. Robert Bentley this week, Chief Justice Roy Moore of the Alabama Supreme Court encouraged the Republican governor and lower courts to defy “judicial tyranny” — specifically, a recent unconstitutional ruling by a federal judge purporting to overturn the state’s constitutional protections for the “divine institution” of marriage. Quoting scripture from the Holy Bible, the state Constitution, as well as previous federal and state Supreme Court rulings, Chief Justice Moore argued that federal courts were using “specious” arguments aimed at “destroying” marriage, with far-reaching consequences for Alabama and beyond. Moore warned in the letter that issuing “marriage licenses” to homosexuals would be a violation of state law and Alabama’s Constitution. The governor also indicated in a statement that he would continue to defend the state Constitution and the will of the people.


    The letter from Chief Justice Moore, the state’s highest judicial official, was released days after U.S. District Court Judge Callie Granade issued a ruling purporting to expand the definition of marriage to include homosexual couples. For Chief Justice Moore and other top Alabama officials, however, the controversial federal order goes far beyond any semblance of legitimate constitutional power. “As you know, nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage,” Moore wrote in his letter, adding that the people of Alabama had specifically recognized in the state Constitution that a marriage is a “sacred covenant, solemnized between a man and a woman.” The state Supreme Court has also ruled that marriage is a “divine institution.”

    “As Chief Justice of the Alabama Supreme Court, I will continue to recognize the Alabama Constitution and the will of the people overwhelmingly expressed in the Sanctity of Marriage Amendment,” Moore concluded in his letter to Gov. Bentley. “I ask you to continue to uphold and support the Alabama Constitution with respect to marriage, both for the welfare of this state and for our posterity. Be advised that I stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority.” The chief justice also said he was “encouraged” by the Alabama Probate Judges Association advising judges to follow Alabama law in refusing to issue marriage licenses to those who do not meet the legal qualifications outlined in the state Constitution.

    Moore’s letter is packed with support for his position. In addition to the state Constitution, the U.S. Constitution, and previous Alabama Supreme Court rulings protecting the institution of marriage, the chief justice also cited a ruling by the U.S. Supreme Court. “Even the United States Supreme Court has repeatedly recognized that the basic foundation of marriage and family upon which our Country rests is ‘the union for life of one man and one woman in the holy estate of matrimony; the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all beneficent progress in social and political improvement,’” Moore explained, quoting the U.S. high court’s decision in Murphy v. Ramsey.

    The laws of Alabama have “always recognized the Biblical admonition stated by our Lord,” the chief justice added in the letter, citing Mark 10:6-9 from the Holy Bible. The verses, as quoted in the letter, read: “But from the beginning of the creation God made them male and female. For this cause shall a man leave father and mother, and cleave to his wife; And they twain shall be one flesh; so then they are no more twain, but one flesh. What therefore God hath joined together, let no man put asunder.” Numerous other scriptures outlining the biblical institution of marriage can also be found throughout the Bible, in both the New Testament and the Old Testament.

    “Today the destruction of that institution is upon us by the federal courts using specious pretexts based on Equal Protection, Due Process, and Full Faith and Credit Clauses of the United States Constitution,” Moore continued, taking aim at the radical re-interpretation of the Constitution being used by federal judges to redefine marriage in opposition to the will of the people. “As of this date, 44 federal courts have imposed by judicial fiat same-sex marriages in 21 states of the Union, overturning the express will of the people in those states. If we are to preserve that ‘reverent morality which is our source of all beneficent progress in social and political improvement,’ then we must act to oppose such tyranny!”

    Moore also quoted an 1825 letter by Thomas Jefferson, among the most influential Founding Fathers and a strong proponent of state nullification, expressing the “deepest affliction” over the “usurpation” by federal courts of “all rights reserved to the states.” The chief justice said that Jefferson’s words “precisely express my sentiments on this occasion.” Quoting the Tenth Amendment to the U.S. Constitution, which reserves all powers to states and the people that were not specifically delegated to the federal government, Moore said that nothing in the Constitution grants authority to the feds to “desecrate” the institution of marriage. “Our State Constitution and our morality are under attack by a federal court decision that has no basis in the Constitution of the United States,” he added.

    Gov. Robert Bentley, a Republican, released a statement also suggesting that he was prepared to defend marriage from unconstitutional attacks by the federal courts seeking to redefine it. “The people of Alabama elected me to uphold our state Constitution, and when I took the oath of office last week, that is what I promised to do,” the governor said. “The people of Alabama voted in a constitutional amendment to define marriage as being between man and woman. As governor, I must uphold the Constitution. I am disappointed in Friday's ruling, and I will continue to oppose this ruling. The Federal government must not infringe on the rights of states.” As the battle on the issue gears up, growing numbers of traditional marriage advocates are urging state officials to simply ignore unconstitutional federal rulings.

    On the other side of the debate, homosexual activists were fuming. One homosexual Alabama lawmaker, Democrat Patricia Todd, even resorted to blackmail — a criminal offense — by threatening to expose alleged “extramarital affairs” among her colleagues if they keep discussing “family values” while speaking out against the federal court ruling. Separately, the pro-homosexual marriage group Human Rights Campaign, which late last year saw its founder arrested and charged for allegedly raping a 15-year-old boy, also lambasted Moore’s letter. “There's something deeply ironic about a judge seeking the right to ignore another judge's ruling while crying 'judicial activism,'” the organization’s Alabama director, Ashley Jackson, declared in a widely quoted statement.

    Of course, Moore has come under fire before from radical anti-God activists and federal supremacists. In fact, in 2000, the feds ordered him to take down a Ten Commandments monument from the state’s judicial building in what was widely viewed in Alabama as an extreme overreach by an out-of-control federal government. Moore refused to comply with the lawless decree, and so, in 2003, was removed from his post as chief justice on the high court. Outraged Alabama voters put him back on the job in 2012, sparking even more fury among federal supremacists and anti-Christian bigots despite widespread celebration within Alabama. More than eight out of 10 Alabama voters backed the 2006 constitutional amendment enshrining marriage in the state Constitution.
    http://www.thenewamerican.com/cultur...ederal-tyranny
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  3. #2

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    Roy Moore is a moronic theocrat who has no clue about constitutional law. Had he been a judge in 1967, he would have no doubt decried the Supreme Court's "thwarting the will of the people" by overturning anti-miscegenation laws.

  4. #3

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    How'd that turn out in the early 1860's?

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    We need more judges willing to stand up for like Roy Moore.
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  6. #5

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    Quote Originally Posted by Sonny Tufts View Post
    Roy Moore is a moronic theocrat who has no clue about constitutional law. Had he been a judge in 1967, he would have no doubt decried the Supreme Court's "thwarting the will of the people" by overturning anti-miscegenation laws.
    Your comment is worthy of the Huffington Post. All name calling and no substance. Its a false smear to suggest he supports racist policies. And he seems to have an excellent understanding of constitutional law. I'd take him over almost any other Judge.
    Last edited by William Tell; 02-15-2015 at 09:32 AM.
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  7. #6

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    His "excellent understanding of constitutional law" is what got him removed as Chief Justice in 2003. And he wasn't removed by the federal government but by the Alabama Court of the Judiciary, whose decision was affirmed by the Alabama Supreme Court.

    His current defiance is the same demagoguery he pulled in the Ten Commandments controversy, and we can only hope it ends up the same way -- with his removal..

  8. #7

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    Quote Originally Posted by Sonny Tufts View Post
    His "excellent understanding of constitutional law" is what got him removed as Chief Justice in 2003. And he wasn't removed by the federal government but by the Alabama Court of the Judiciary, whose decision was affirmed by the Alabama Supreme Court.

    His current defiance is the same demagoguery he pulled in the Ten Commandments controversy, and we can only hope it ends up the same way -- with his removal..
    Link to the reason he was removed please.



    ..

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    Too little too late. Gay marriage is a fait accompli. Last nail in Babylon's coffin.

  10. #9

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    Quote Originally Posted by Stratovarious View Post
    Link to the reason he was removed please...
    Sure thing.

    On August 22, 2003, two days after the deadline for the Ten Commandments monument's removal had passed, the Alabama Judicial Inquiry Commission (JIC) filed a complaint with the Alabama Court of the Judiciary (COJ), a panel of judges, lawyers and others appointed variously by judges, legal leaders, the governor and the lieutenant governor. The complaint effectively suspended Moore from the Chief Justice position pending a hearing by the COJ.[22]

    The COJ ethics hearing was held on November 12, 2003. Moore repeated his earlier sentiment that "to acknowledge God cannot be a violation of the Canons of Ethics. Without God there can be no ethics." He also acknowledged that he would repeat his defiance of the court order if given another opportunity to do so, and that if he returned to office, "I certainly wouldn't leave [the monument] in a closet, shrouded from the public." In closing arguments, the Assistant Attorney General said Moore's defiance, left unchecked, "undercuts the entire workings of the judicial system.... What message does that send to the public, to other litigants? The message it sends is: If you don't like a court order, you don't have to follow it."[23] Moore had previously stated his belief that the order was unlawful, and that compliance with such an order was not an enforceable mandate.

    The next day, the COJ issued a unanimous opinion ruling that "Chief Justice Moore has violated the Alabama Canons of Judicial Ethics as alleged by the JIC in its complaint." The COJ had several disciplinary options, including censure or suspension without pay, but because Moore's responses had indicated he would defy any similar court orders in the future, the COJ concluded that "under these circumstances, there is no penalty short of removal from office that would resolve this issue."[24] Moore was immediately removed from his post.

    Moore appealed the COJ's ruling to the Supreme Court of Alabama on December 10, 2003. A special panel of retired judges and justices was randomly selected to hear the case. Moore argued that the COJ did not consider the underlying legality of the federal courts' order that the monument be removed from the courthouse. The Alabama Supreme Court rejected this argument, saying that the COJ did not have the authority to overrule the federal courts, only to determine whether Moore violated the Canons of Judicial Ethics. Therefore, the Court reasoned, it was enough to show that a procedurally-valid order was in place against Moore. Moore also argued that the COJ had imposed a religious test on him to hold his office, and that the COJ's actions had violated his own rights under the Free Exercise Clause of the First Amendment.[25]

    The Supreme Court of Alabama rejected each of these arguments as well, and ruled on April 30, 2004 that the COJ had acted properly. The court also upheld the sanction of removal as appropriate.[25]
    http://en.wikipedia.org/wiki/Roy_Moore
    The opinion of the Alabama Supreme Court can be read here: http://scholar.google.com/scholar_ca...92902035202454

  11. #10

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    Quote Originally Posted by Sonny Tufts View Post
    Sure thing.



    The opinion of the Alabama Supreme Court can be read here: http://scholar.google.com/scholar_ca...92902035202454
    Right. Cause you can't have overtly religious symbols on public spaces.....unless it's a symbol unique to Judaism.

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  12. #11

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    Quote Originally Posted by wizardwatson View Post
    Too little too late. Gay marriage is a fait accompli. Last nail in Babylon's coffin.
    True. It's a stupid hill for Christian conservatives to die on. Alabama and other red states need to outflank the social engineers by throwing state licensed marriage itself under the bus. Open the door to polyamory and watch the U.S. tax code implode. Force the IRS to explain why they can't come up with new forms where 10 people can't file "married filing jointly."
    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
    The road to hell is paved with good intentions. No need to make it a superhighway.
    Quote Originally Posted by osan View Post
    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.

  13. #12

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    Quote Originally Posted by Sonny Tufts View Post
    His "excellent understanding of constitutional law" is what got him removed as Chief Justice in 2003. And he wasn't removed by the federal government but by the Alabama Court of the Judiciary, whose decision was affirmed by the Alabama Supreme Court.

    His current defiance is the same demagoguery he pulled in the Ten Commandments controversy, and we can only hope it ends up the same way -- with his removal..
    Well, you more or less got your wish. And because of that it looks like it will end up with him as a U.S Senator. I'm thrilled, hope you are too.
    Last edited by William Tell; 09-27-2017 at 11:50 PM.
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  14. #13

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    Quote Originally Posted by wizardwatson View Post
    Too little too late. Gay marriage is a fait accompli. Last nail in Babylon's coffin.
    Quote Originally Posted by jmdrake View Post
    True. It's a stupid hill for Christian conservatives to die on. Alabama and other red states need to outflank the social engineers by throwing state licensed marriage itself under the bus. Open the door to polyamory and watch the U.S. tax code implode. Force the IRS to explain why they can't come up with new forms where 10 people can't file "married filing jointly."
    Well guys, he won a Senate nomination by standing up for what he believes in. I agree we should get rid of licenses but their persecution of Moore backfired in the biggest possible way. Maybe there is hope for this nation.
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  15. #14

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    Quote Originally Posted by William Tell View Post
    Well, you more or less got your wish. And because of that it looks like it will end up with him as a U.S Senator. I'm thrilled, hope you are too.

    If the voters in Alabama prefer a theocratic hypocrite for their Senator, that's their business.
    We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
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  16. #15

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    The message it sends is: If you don't like a court order that is anti-constitutional, then it becomes your station to protest it."
    Separation of church and state does not mean avoidance of religion, only that governmental privilege does not extend into the church--as a theocracy. Busy bodies want to busy-body, how about instead starting with our (worthless) fiat currency that is filled to the brim with the occult and religious references.
    The object of life is not to be on the side of the majority, but to escape finding one’s self in the ranks of the insane.” — Marcus Aurelius


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  17. #16

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    Quote Originally Posted by Sonny Tufts View Post
    Roy Moore is a moronic theocrat who has no clue about constitutional law. Had he been a judge in 1967, he would have no doubt decried the Supreme Court's "thwarting the will of the people" by overturning anti-miscegenation laws.
    So, you believe the federal government has jurisdiction over marriage laws?
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  18. #17

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    Quote Originally Posted by Sonny Tufts View Post
    If the voters in Alabama prefer a theocratic hypocrite for their Senator, that's their business.
    You didn't think it was their business when they elected him as Chief Justice and you were cheering for his removal.
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  19. #18

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    Quote Originally Posted by The Rebel Poet View Post
    So, you believe the federal government has jurisdiction over marriage laws?
    If a marriage law violates the Constitution a federal or state court may declare it void, as happened in the 1967 anti-miscegenation case.
    We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
    Erwin N. Griswold

    Taxes: Of life's two certainties, the only one for which you can get an automatic extension.
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  20. #19

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    Quote Originally Posted by William Tell View Post
    You didn't think it was their business when they elected him as Chief Justice and you were cheering for his removal.
    The people can elect whomever they want. They can also remove the person they've elected if, as in Moore's case, he violates the law or judicial ethics.
    We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
    Erwin N. Griswold

    Taxes: Of life's two certainties, the only one for which you can get an automatic extension.
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  21. #20

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    Quote Originally Posted by Sonny Tufts View Post
    If a marriage law violates the Constitution a federal or state court may declare it void, as happened in the 1967 anti-miscegenation case.
    How can a marriage law violate the Constitution if the Constitution doesn't say anything about marriage?
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    "Patriotism should come from loving thy neighbor, not from worshiping graven images" - Ironman77

    "ideas have the potential of being more powerful than any army....The concept of personal sovereignty was pulled screaming from the ether into this reality by the force of men believing in a self evident truth, that men are meant to be free." - The Northbreather

    "People who place their trust in government don't like competition from charities." - Origanalist

  22. #21

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    If Roy Moore is a theocrat, then the founding fathers were theocrats, and so were most of the people who have been nominated for President by the Republicans and Democrats in the past.

    As for gay marriage, the 1967 Loving v. Virginia decision was about race, with marriage being the particular issue in question. People today take the decision to mean you can marry whoever you want, and that right to marry should be enforced nationally, but people in 1967 didn't.
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  23. #22

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    Quote Originally Posted by The Rebel Poet View Post
    How can a marriage law violate the Constitution if the Constitution doesn't say anything about marriage?
    It doesn't say anything about schools either, so are you OK with racially segregated public schools (assuming that there will be such schools)?
    We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
    Erwin N. Griswold

    Taxes: Of life's two certainties, the only one for which you can get an automatic extension.
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  24. #23

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    Quote Originally Posted by Tywysog Cymru View Post
    If Roy Moore is a theocrat, then the founding fathers were theocrats, and so were most of the people who have been nominated for President by the Republicans and Democrats in the past.
    Just the opposite. The founding fathers wisely put a provision in the Constitution prohibiting religious tests for federal office. Moore, on the other hand, wants to ban Muslims from serving in Congress. In addition, I don't recall that the founders violated court orders or thought themselves above the law.
    We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
    Erwin N. Griswold

    Taxes: Of life's two certainties, the only one for which you can get an automatic extension.
    Anonymous

  25. #24

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    Quote Originally Posted by Sonny Tufts View Post
    Just the opposite. The founding fathers wisely put a provision in the Constitution prohibiting religious tests for federal office. Moore, on the other hand, wants to ban Muslims from serving in Congress. In addition, I don't recall that the founders violated court orders or thought themselves above the law.
    Pretty sure they did both.

  26. #25

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    This is now the official Trigger Sonny Tufts Thread.

  27. #26

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    Quote Originally Posted by Origanalist View Post
    Pretty sure they did both.
    I thought they peacefully exercised their 1st amendment rights under the Magna Carta, got a permit for a tea party and were granted a nation in British court because they had a good lawyer?
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  28. #27

  29. #28

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    Quote Originally Posted by Sonny Tufts View Post
    are you OK with racially segregated public schools (assuming that there will be such schools)?
    I am.

    Lunch counters, bathrooms and water fountains too.

    Neighborhoods, churches, businesses, etc...

    What I'm absolutely not okay with is government mandated segregation.

  30. #29

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    Quote Originally Posted by Sonny Tufts View Post
    It doesn't say anything about schools either, so are you OK with racially segregated public schools (assuming that there will be such schools)?
    Recognizing it's not unconstitutional and being ok with it are two different things. I don't think pretty much any institutions should exclud/include people based on race/ethnicity/color, but dealing with that is not the federal government's job any more than it's IBM's job or The Florida Fish and Wildlife Department's job or Brian4Liberty's job.
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    "ideas have the potential of being more powerful than any army....The concept of personal sovereignty was pulled screaming from the ether into this reality by the force of men believing in a self evident truth, that men are meant to be free." - The Northbreather

    "People who place their trust in government don't like competition from charities." - Origanalist

  31. #30

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    Quote Originally Posted by tod evans View Post
    What I'm absolutely not okay with is government mandated segregation.
    And there you have put your finger on the issue. Government-mandated segregation was what the Brown case ruled unconstitutional in 1954. But there are some who would claim the case was wrong because the Constitution doesn't mention schools.

    As far as the federal government's involvement is concerned, the Brown case was brought by private parties, not the federal government, and some institution (e.g., the Supreme Court) had to decide the plaintiff's 14th Amendment claims. In any case, the 14th Amendment explicitly gives Congress the power to enforce the Amendment through appropriate legislation, so Congress could have theoretically outlawed racially segregated schools via legislation (although in 1954 this would have been politically impossible).
    We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
    Erwin N. Griswold

    Taxes: Of life's two certainties, the only one for which you can get an automatic extension.
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