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Other traditional mottos. Retrieved April 5, The extremely diverse geography , climate , and wildlife of the United States make it one of the world's 17 megadiverse countries. August 2, Windsor as Exemplar of Doctrine in Motion". Mainline Protestant.

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The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, 3 for six Years; and each Senator shall have one Vote. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation.

T he Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, 5 unless they shall by Law appoint a different Day. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment , he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour , and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive when the Legislature cannot be convened against domestic Violence.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. The Word "the", being interlined between the seventh and eight Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page.

Washington - Presid t. Dobbs Spaight. Hu Williamson. Sam l. Gouv Morris. Resolved , That the preceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled.

Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitution.

That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.

We have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable. The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the General Government of the Union; but the impropriety of delegating such extensive trust to one body of men is evident: It is obviously impracticable in the Federal Government of these States to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all.

Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be preserved; and, on the present occasion, this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests.

In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety—perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus, the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession, which the peculiarity of our political situation rendered indispensable.

That it will meet the full and entire approbation of every State is not, perhaps, to be expected; but each will, doubtless, consider, that had her interest alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that Country so dear to us all, and secure her freedom and happiness, is our most ardent wish.

By the unanimous order of the convention. THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring , that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

Article the first. After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The enumeration in the Constitution , of certain rights, shall not be construed to deny or disparage others retained by the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Congress shall have power to enforce this article by appropriate legislation. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

Responsibilities, as well as rights, enhance the dignity and integrity of the person. And DOMA contrives to deprive some couples married under the laws of their State, but not other couples, of both rights and responsibilities. By creating two contradictory marriage regimes within the same State, DOMA forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect.

By this dynamic DOMA undermines both the public and private significance of state-sanctioned same-sex marriages; for it tells those couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition. This places same-sex couples in an unstable position of being in a second-tier marriage. The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, [62] And it humiliates tens of thousands of children now being raised by same-sex couples.

The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives. Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways.

By its great reach, DOMA touches many aspects of married and family life, from the mundane to the profound. It prevents same-sex married couples from obtaining government healthcare benefits they would otherwise receive. It deprives them of the Bankruptcy Code's special protections for domestic-support obligations.

It forces them to follow a complicated procedure to file their state and federal taxes jointly. It prohibits them from being buried together in veterans' cemeteries. For certain married couples, DOMA's unequal effects are even more serious. The federal penal code makes it a crime to "assaul[t], kidna[p], or murde[r] Although a "spouse" qualifies as a member of the officer's "immediate family," [71] DOMA makes this protection inapplicable to same-sex spouses.

The liberty protected by the Fifth Amendment's Due Process Clause contains within it the prohibition against denying to any person the equal protection of the laws. While the Fifth Amendment itself withdraws from Government the power to degrade or demean in the way this law does, the equal protection guarantee of the Fourteenth Amendment makes that Fifth Amendment right all the more specific and all the better understood and preserved.

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper.

DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.

By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment. Justice Scalia's dissent, which was joined in full by Justice Thomas and in part by Chief Justice Roberts, [75] opened:.

This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today's opinion aggrandizes the latter, with the predictable consequence of diminishing the former. We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation.

Windsor's injury was cured by the judgment in her favor. What the petitioner United States asks us to do in the case before us is exactly what the respondent Windsor asks us to do: And the same was true in the Court of Appeals: Neither party sought to undo the judgment for Windsor, and so that court should have dismissed the appeal just as we should dismiss for lack of jurisdiction.

Scalia argued that the judgment effectively characterized opponents of same-sex marriage as "enemies of the human race": It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis , enemies of the human race. He argued that the Court's ruling would affect state bans on same-sex marriage as well:.

As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe. By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition.

Scalia concluded by saying that the Supreme Court "has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. The opinions of Roberts and Scalia offered different interpretations of the majority ruling.

Roberts said the majority opinion was based on federalism, finding DOMA unconstitutional because the federal government was interfering with state control of marriage. He wrote: President Obama hailed the ruling as a "victory for American democracy". On the question of how the ruling would affect bans on same-sex marriage in those states that prohibit it, Obama said: Laurence Tribe , a professor of constitutional law at Harvard Law School , described Scalia's response and dissent as "intemperate", "extraordinary", and "at the very least, an exercise in jurisprudential cynicism.

Neil Siegel, a professor of constitutional law at Duke Law School , wrote that Justice Roberts' view that the majority relied on federalism was a fallacy in that the majority did not place any weight on the federalism argument, but rather used "federalism as a waystation" to put off making a decision on the constitutionality of state laws concerning same-sex marriage.

A day after the decision in Windsor , the federal judge hearing McLaughlin v. Panetta asked the parties to explain by July 18 why the logic that found DOMA's section 3 unconstitutional did not apply equally to federal regulations that control eligibility for veterans' spousal benefits, which define "spouse" as "a person of the opposite sex.

In the wake of the U. Supreme Court ruling the Obama Administration and several federal executive departments and agencies such as the Office of Personnel Management [83] began to extend federal rights, privileges and benefits to married same-sex couples by changing regulations in order to conform with the Supreme Court decision in Windsor:.

As a result of the Windsor decision, married same-sex couples—regardless of domicile—have tax benefits which include the previously unavailable ability to file joint tax returns with the IRS , military benefits, federal employment benefits for employees of the U.

S Government and immigration benefits. In February , the Justice Department expanded recognition of same-sex marriages in federal legal matters, including bankruptcies, prison visits, survivor benefits and the legal right to refuse to testify to incriminate a spouse. The VA and SSA can provide only limited benefits to married same-sex couples living in states where same-sex marriage isn't legal, with Congress required to amend federal law to rectify that inequity.

According to one reporter's assessment in August , despite the foregoing efforts the U. Instead "they are creating a patchwork of regulations affecting gay and lesbian couples — and may be raising questions about discrimination and fairness in the way that federal benefits are distributed.

The new rule is effective March 27, The ruling in Windsor led to a series of state and federal lawsuits being filed against same-sex marriage bans and affected other discrimination rulings. A year after the Windsor ruling was announced, there was at least one state or federal lawsuit against every state same-sex marriage ban. New Jersey Supreme Court previously ruled in Lewis v.

Harris that the denial of marriage benefits violate same-sex couples equal protection under the New Jersey state constitution. But following Windsor a New Jersey state judge ruled that the extension of federal benefits to married same-sex couples made New Jersey's civil unions to be lacking the equal protection. In several other cases, the ambiguity in the majority decision in Windsor has produced varying interpretations in later legal decisions that address state regulation of marriage and the denial of marriage rights to same-sex couples.

Courts have disputed whether Windsor relied upon federalism or equal protection and what standard of review the Supreme Court applied. Others have used it to dismiss the precedential importance of Baker v. Within 2 years of the Windsor decision 28 district courts and 4 appeals court ruled state level same-sex marriage bans unconstitutional, while only 2 district courts and one appeals court ruled they did not.

In December , a U. District Court judge ruling in Kitchen v. Herbert found Baker no longer controlled his decision, because the rule is that "doctrinal developments" can obviate the importance of a dismissal like Baker and given the issues before the court Windsor was "highly relevant and is therefore a significant doctrinal development". It also read Windsor as an equal protection case, writing: District Court Judge Arenda L.

Wright Allen ruling in Bostic v. Rainey on February 13, , noted that Windsor discussed the deference due state laws defining marriage only to assert that "due process and equal protection guarantees must trump objections to federal intervention".

She cited Justice Scalia's prediction that the reasoning of the majority in Windsor with respect to federal law motivated by a "bare In De Leon v. Perry , Orlando Garcia on February 26, , framed the lawsuit in terms of Windsor: Some courts have agreed with Scalia that the Windsor decision lacked clarity and proceeded to interpret it with little reference to federalism, just as Scalia had predicted.

Oklahoma , U. District Judge Terence C. Kern described the decision as the culmination of a process: District Judge Jone E. Jones ruled on May 20, , that Pennsylvania's same-sex marriage ban was unconstitutional, he read Windsor as an equal protection decision. He cited Justice Scalia's critique of the lack of clarity in the Windsor decision, writing: Windsor found DOMA unconstitutional because 'no legitimate purpose overcomes the purpose and effect to disparage and to injure.

Conversely, U. District Judge Martin Feldman , upholding Louisiana's ban on same-sex marriage on September 3, , reviewed the arguments before him and wrote: But Windsor does little more than give both sides in this case something to hope for. Windsor , in the context of the issues presented to this Court, is unclear contrary to the conclusions in many recent federal court decisions.

It is by its own terms, limited. Its "opinion and its holding are confined to those lawful marriages. Hence this Court's unease that Windsor merely offer bits and pieces of hope to both sides. He quoted Chief Justice Roberts' dissent as a reason not to read Windsor as a guide for deciding the constitutionality of restrictions on same-sex marriage: He criticized several recent federal court decisions for failing to specify the appropriate standard of review they used to evaluate the constitutionality of bans on same-sex marriage.

Instead he cited Windsor for its "powerful reminder" that "'The definition of marriage is the foundation of the State's broader authority to regulate the subject of domestic relations'". Abbott considered what standard of review to apply when determining whether sexual orientation can be used in selecting the members of a jury.

It ruled unanimously on January 21, , based on its reading of Windsor , that distinctions based on sexual orientation are subject to the "heightened scrutiny" standard of review and that "equal protection prohibits peremptory strikes based on sexual orientation". Windsor review is not rational basis review. In its words and its deed, Windsor established a level of scrutiny for classifications based on sexual orientation that is unquestionably higher than rational basis review.

In other words, Windsor requires that heightened scrutiny be applied to equal protection claims involving sexual orientation. The Ninth Circuit court also observed that the majority in Windsor shifted the burden from the same-sex couple to the government when it wrote that the government has to " justify disparate treatment of the group. From Wikipedia, the free encyclopedia.

United States Supreme Court case. Three petitions for certiorari were filed docket numbers 12—13 , 12—15 , and 12—97 ; all were dismissed the day after the Windsor decision was announced filed, with Justice Kagan recusing. The Supreme Court declined the petitions the day after Windsor was announced, with Justice Kagan recusing in Golinski.

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USA Today. Supreme Court To Hear Case". The Huffington Post. Retrieved July 30, Gay Benefits 'Bigger Than Marriage ' ". ABC News. Associated Press. Retrieved December 31, It was not until the spring of that they got together. Windsor suggested they date for a year and consider engagement for another year if that went well.

Marriage Law". Retrieved July 16, Washington Blade. May 29, Retrieved July 20, November 28, Retrieved February 27, Retrieved December 13, Jewish Telegraphic Agency via The Forward. United States , Complaint ; retrieved March 1, Archived from the original on October 19, Retrieved July 18, United States Department of Justice.

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Archived from the original on June 21, Retrieved June 19, Prop 8 Trial Tracker. Archived from the original on August 21, Retrieved July 24, Archived from the original on July 22, Retrieved September 28, Retrieved October 18, ABA Journal. Retrieved December 11, Windsor 12— Retrieved December 7, United States Supreme Court. December 7, Retrieved December 8, Supreme Court of the United States.

December 11, Retrieved January 2, Retrieved March 27, Texas , U. Christian Science Monitor. National Journal. Tim Grieve June 26, The Atlantic. Retrieved July 2, Windsor as Exemplar of Doctrine in Motion". Retrieved July 17, United States Office of Personnel Management. Retrieved March 31, Retrieved March 5, Department of Health and Human Services.

August 29, Washintgton Post. Retrieved March 14, Edinburgh, Scotland: Military Spousal Benefits". Lambda Legal. Retrieved 19 December CBS News. Retrieved 4 September Embassy Kuala Lumpur. August 2, Archived from the original on March 22, Department of Justice.

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Energy policy of the United States. Hollywood , a northern district of Los Angeles , California, is one of the leaders in motion picture production. More recent American creations include hip hop and house music. Main article: Oklahoma Garrett v. Felix United States v.

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But Windsor does little more than give both sides in this case something to hope for. The American Dream , or the perception that Americans enjoy high social mobility , plays a key role in attracting immigrants. West Virginia Oct. The Ninth Circuit court also observed that the majority in Windsor shifted the burden from the same-sex couple to the government when it wrote that the government has to " justify disparate treatment of the group. The date of the first settlements of the Hawaiian Islands is a topic of continuing debate.


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