Monday, July 16, 2007

Defining Treason Down: Alliance Defense Fund & Romney

More on Saturday's big story in WorldNetDaily, "Experts: Credit Romney for homosexual marriage; 'What he did was exercise illegal legislative authority' " featured in our July 14 post.

Defining treason down: Why Did the ADF's Stovall hold back on Romney's criminal actions?
By John Haskins

Alliance Defense Fund attorney Chris Stovall presumably told WorldNetDaily reporter Robert Unruh more than ended up in the blockbuster WND article, "Experts: Credit Romney for Homosexual Marriage." One hopes Stovall had the courage and integrity to go on the record as Dr. Titus did, in stating the obvious: Romney used authority he did not have when he ordered homosexual marriage after Goodridge rendered a merely "declaratory judgment" with "no consequential relief."

Stovall undoubtedly feels bound to understate Romney's pro-active -- almost certainly criminal -- role in illegally ordering public officials to perform these void homosexual "marriages." After all, his firm, the Alliance Defense Fund, like Jay Sekulow, Cardinal O'Malley's attorneys, the Massachusetts Family Institute, and radio lawyer Hugh Hewitt, bungled this catastrophically -- either failing to read the Massachusetts Constitution at all, or if they bothered to consult it at some point, by treating it as irrelevant, since it so totally contradicts Mitt Romney's entire story and the snickering Boston Globe's flood of propaganda supporting Romney's lies about reluctantly enforcing "the law."

Stovall's colleague at Alliance Defense Fund, Atty. David French -- who has sold his soul ingratiating himself to such placebo "conservatives" as Slick Willard Romney, the National Review kids and Jay Sekulow -- is proceeding full speed ahead with his gross and flagrant malpractice, subverting the oldest functioning constitution in the world. Messrs. French, Sekulow and Hewitt are post-constitutional legal nihilists who claim a preference for "conservatism," but for whom constitutions can be nullified by judges drunk with power and seething with malice toward Judeo-Christian morality. These ruthless, arrogant and frankly, quite incompetent attorneys are doing such damage to the ragged remnants of constitutionalism that they ought, in my view, to be disbarred from the practice of law. Notice that at no point do these mercenaries dare mention the Massachusetts Constitution in their marketeering for "Slick Willard" Romney, Founding Father of Sodomy-Based "Marriage."

So if Stovall failed to explicitly agree with Professor Titus about the grossly illegal nature of Romney's actions, he cited the Alaska situation as a roundabout way of agreeing with Titus, Atty. Robert Paine and others (including us), that constitutionally, Romney was not forced to impose homosexual "marriage."

Of course that's not nearly good enough.

It is true to say that a governor is not forced to impose slavery tomorrow. But that is pantywaist silliness and requires neither thought nor courage. Neither courts nor governors have authority to impose things that statutes and/or constitutions have outlawed. When they impose them they are acting criminally, as tyrants.

If the plain words of the Massachusetts Constitution are binding, Romney not only was not forced (by a declaratory opinion -- meaning "without consequential relief"!) he chose an option he legally did not have. Romney was absolutely obliged to do exactly the opposite of what he did. This is simply too shocking and too painful for people to face, though it is proven beyond honest debate in the Letter by 44 Pro-Family Leaders to Romney. The cowardice and denial in the body politic, including the "conservative" end of it, are symptoms of an apparently fatal disease that the Founding Fathers warned about.

So-called "conservatives" and "constitutionalists" are in total and rapid breakdown, having surrendered the very rules of the game (constitutions) to the ravenous left, and everything from here on out is merely protracted surrender, sprinkled with illusory successes here and there to justify the steady pro-family and GOP fundraising.

The Massachusetts Constitution is so explicit in proving Romney's orders to be grossly illegal, null and void, and French's, Hewitt's and Sekulow's propaganda to be malpractice (if they are bound by their oath on joining the bar to uphold constitutionalism), that the only possibly debatable question is this: Does the oath of office that Romney and the neo-Bolshevik judges of the Massachusetts high court took on entering office tell us that their failure to uphold the state constitution is a felony? Did the Founding Fathers, in particular, John Adams, the original Robert Paine, et al. intend for actions like Romney's to be prosecuted in criminal court? Having examined the oath, I think the answer is that they did (although, technically speaking, "treason" is probably not the correct charge, constitutionally).

Apparently, when Romney got away with what the Founding Fathers regarded as criminal subversion of the state constitution he swore to uphold, the Alaska governor following suit, ignored her solemn duty to execute the law as ratified by the legislature, rather than judges' non-binding fantasy opinions. I've not read the Alaska judges' opinion, but one of the most striking things about the Goodridge opinion that Romney cynically used as a Trojan horse to impose sodomy-based "marriage" is that (as Professors Titus and Fitzgibbon point out) it contains no order that Romney could even assert forced him to act. Moreover, the Massachusetts court has repeatedly admitted it has no power to order the governor or the legislature to do anything.

The layers upon layers of legal deception that Romney, the ADF, Sekulow, Hugh Hewitt, and National Review have used to sell their lies are simply mind-boggling. This is why Benjamin Franklin warned as he emerged from the Constitutional Convention "[It's] a republic, Madame, if you can keep it."

Here are the comments from ADF's Stovall, in reporter Unruh's context:

Titus noted the 1857 Dred Scott decision, in which the U.S. Supreme Court had declared a slave was the property of the master, even if they both were physically in a free state. But President Lincoln rejected the authority of that opinion.
"[I]f the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made – the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of the eminent tribunal," he said.
Lincoln simply declined to enforce the court's opinion.
Stovall told WND that a much more recent confrontation between branches of government played out recently in Alaska.
After a statewide vote, executive branch officials refused to grant benefits to partners of state employees in same-sex duos; a lawsuit was filed and the state Supreme Court sided with the same-sex couples. The governor, Frank Murkowski, called the Legislature into special session, but lawmakers didn't want to be hurried. They approved legislation that no such changes to the state benefits could be made until they met in general session.
The court then refused to extend its deadline, and lawmakers refused to yield.
The standoff collapsed when a new governor was inaugurated and without benefit of authorizing legislation, instituted the changes demanded by the court.
Mass Resistance leaders note that to this day, the Massachusetts Legislature still has not authorized a change in the state's marriage laws.