Santorum is a Constitutional Illiterate: Bills of Attainder are Unconstitutional

I read tonight, the very first day of the year 2012, that Rick Santorum has this nutty idea that he’s going to “annul” gay marriages with a constitutional amendment. I dare say, rarely have I seen such a brain dead moronic idea. One so devoid of a legal understanding of our constitution that one wonders how he could conceivably be fit to hold office. He’s got this idea, which I saw reported in two places this fine day after a wonderful family dinner with my sister’s in-laws – in Pennsylvania, the very state this dangerous man hails from – which purports to have an Amendment summarily annul and eliminate gay marriage contracts – regardless of the intent of the parties to the contract or the states that permitted them. The idea is nuts.

It’s not only a Bill of Attainder – it’s an ex-post facto law – another Constitutional No-No. Is this man so craven and devoid of real thought as to believe he’s got the power to simply eliminate legal contracts through a legal concept of his own fetid mind’s creation? I really can’t believe he’s serious – though, yet, I guess he is, for he is fixated on gay folks and our relationships in a most unhealthy manner. He’s ludicrous, of course. From proposing to arrest us and incarcerate us all, to banning us from existence – no man in the political firmament is more absurd and childlike. To simply “want” without reason, without thought, without a shred of decency or logic, is simply childish, laughably so. That he’s still on the hustings for president shows the depth of stupidity to which our political process has descended.

Here’s the two reports to far, of which I write late at night, before I go to bed with sweet dreams:

http://izzoiz.com/2012/01/first-douchebag-of-the-day-of-2012-rick-santorum-wants-to-make-all-gay-marriages-invalid/

http://thinkprogress.org/lgbt/2011/12/31/396012/surging-santorum-would-annul-all-same-sex-marriages/

I would think that if such a “marriage amendment” of the sort of he would like is proposed – that one could ban any possibility of the use of the word “marriage” by government in referring to gay couples – that the numbers of lawsuits flung against it in every federal court in the land would lead every single last federal judge to simply strike down the very verbiage itself before it goes anywhere. His entire first term, if God-forbid he gets elected, would simply be consumed with this issue – to the great detriment of the populace that face real problems, and not the non-problem of sissy smooching with a little government approval – to which gay taxpayers are of right guaranteed in our nation whether he or anyone else likes it or not. We are not a theology, nor some dictatorship where presidents simply annul legal contracts. I’m almost certain that if his dream-administration gets into office and he proposes such an amendment that even Republican controlled House and Senate judiciary committees would see the absurdity and illegality of such a thing before the ink got dry on the paper.

I can’t imagine either that the great thinkers on Constitutional issues in the ¾s of the states required to approve the move wouldn’t see the utter lack of reality in such a measure, or the other ¼ which wouldn’t vote for the passage of such a stupid concept no matter what.

I can’t imagine that he could word any amendment to pass constitutional muster from the get go. The whole thing is so preposterous that I have to wonder at the stupidity of the press people to whom he said this didn’t just break out laughing and point out the obvious – the federal government simply cannot abrogate, annul, abridge, alter or amend legal contracts entered into at the state level.

Even more farcical – there’s no legal nor logical way for him to deny gay folks – or prevent us – from the use of the word “marriage.” Which is why I always wonder, too, at people who think that DOMA – the odious, Orwellian and malicious “Defense of Marriage Act” “bans” gay marriage – it does not do any such thing – it merely prevents the federal government from recognizing the duly constituted acts of sovereign states within the Union – itself unconstitutional on the face of it. Furthermore, it does not prevent any state from recognizing the marriage acts of other states. It only prevents the federal government from giving fair and equal access to the laws of the federal government to all the citizens of the nation as is required by the Constitution itself.

One does not have to be a lawyer to read the very plain language of the fabled document which guides our nation: No Bills of Attainder and No Ex-post facto laws. What does it take for one to conclude that Santorum is simply an idiot with a craven disregard for the niceties of our governmental system? Not much. Not much for me at all. I have never heard a presidential candidate utter such inane mush as this man – and why he’s “surging” in Iowa is beyond my comprehension.

But one thing for certain – Mr. Santorum, with this sort of bizarre unAmerican and Unconstitutional talk is brewing a constitutional crisis over gay Americans that even the Jim Crow laws didn’t achieve over freed slaves. He’s pushing for some stripping of basic rights of a group of Americans based on his theology – that right being the right to enter contracts of romantic relationships – and that theology comes from a foreign power in a sovereign nation called the Vatican. If Mr. Santorum is so sure of his stance, that I suggest he find lodging with his family in the ample residence of the Pope and leave us Americans the hell alone.

And I’d suggest that all gay folks – and our legal mavens (wimps though I often think they are) – just hound this man into the woodwork from which he crawled on the simple reality of his Bill of Attainder and Ex-Post Facto Law ideas that he seeks to push upon the good citizens of this nation. He’s this short of abrogating his right to call himself an American. Frankly, he’s a scary man who is out to destroy this nation – and nothing short of a constant legal reasoned assault on his unconstitutional position is warranted. Mr. Santorum, go away, and leave America to Americans, and return to wherever you think you came from. Shoo, sir, shoo – you are a lunatic – and you are obsessed with my life in a way that is unwholesome and indecent.

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3 Comments

  1. How we allowed A facist religious organization to take control of our supreme court and our country is unbelievabke! five ultra conservative catholics sit on and control the court, they will rule on the right to privacy, and when they recind the right of privacy, hello nazi germany, gays and womens reproductive rights will be decided by the states, and the red states will be like little nazi germanys,but how many stupid gay people vote for facist antigay republicans and tea party candidates, why are people so stupid in this country?canadian citizens seem to much more intelligent,

  2. bacchys

    Leaving aside the desirability or likelihood of Santorum’s marriage amendment passing, it’s not going to run afoul of the ex post facto or bill of attainder provisions because it will be an amendment to the same document in which they are found.

    We could amend the Constitution to eliminate both of those provisos (we shouldn’t, but we could), just like Prohibition was amended into a nullity.

  3. Any such attempt to get rid of the bill of attainder and expost facto terminology in the original constitution — even if just directed at gay folks — is going to open up a constitutional crisis — and thus such language would ultimately never be considered a serious move.

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