Jeb Bush seems to be following the politicians play book lately: If you get into trouble flapping your gums, find something to demagogue. After a series of setbacks talking about the presidency of his brother, G.W. Bush, first saying that he’d do the Iraq invasion all over again, then trying to backtrack, he tries to change the subject by saying that he sees no constitutional right to gay marriage.
But, I think that’s the wrong way to look at it. The Constitution is not a document of
negative positive rights, one that precludes rights that are not spelled out. It, rather, is a document that spells out what the government can do, reserving everything else to the States or to the people, as the 9th and 10th Amendments clarify the meaning and purpose of the rest.
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.
I see no constitutional right for the government to regulate marriage or to regulate any other social arrangements of a personal nature. It simply isn’t in the Constitution, and certainly cannot be construed to be a matter of regulating commerce.
So we have a very important question to ask ourselves in the coming 18 months. Do we really want to elect someone to faithfully execute, protect, defend and uphold the Constitution that he doesn’t understand and probably hasn’t even read?