I asked yesterday what criteria he would use to decide when states’ rights and the Tenth Amendment simply must be trumped with an amendment in the interest of a greater national good. Here’s the answer:
It’s part of the fabric of America to support traditional marriage and that being between one man and one woman. I led the charge back in the mid 2000’s in Texas when we passed a constitutional amendment that defines marriage as being between one man and one woman, passed by 75%, that’s rather overwhelming. But I do respect a state’s right to have a different opinion and take a different tact if you will, California did that. I respect that right, but our founding fathers also said, ‘listen, if you all in the future think things are so important that you need to change the constitution here’s the way you do it’. It takes three quarters of the states deciding that this is important, it goes forward and it becomes an amendment to the United States Constitution. I support that for issues that are so important, I think, to the soul of this country and to the traditional values which our founding fathers, on the issue of traditional marriage I support the federal marriage amendment.
Why would you want an amendment in a case where you respect a state’s right to have a different opinion? The touchstone for an amendment, I would think, is when you don’t respect that right because a particular state’s legislative preference would lead to grievous harm. Slavery is the paradigm example; abortion, arguably, is another. If you can look at your opponent’s position and say, “I see your point but I think you’re wrong,” that should take the amendment option off the table and put you back in Tenth Amendment territory. Federalism is “part of the fabric of America” too, after all; as a wise man once said, “It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Perry’s arguing, I guess, that this experiment is simply too dangerous to conduct — except, actually, he never does say that it’s dangerous. He just says it’s contrary to “traditional values,” a standard that would prohibit “novel social experiments” altogether. And the kicker is that he’s couching his argument in terms of Article V, which is the most “non-traditional” part of the Constitution insofar as it lets future generations change the law as opinions change. Well, opinions are changing. Why use Article V to stop it if you can’t articulate some sort of overweening harm?
Exit question: Opinions are changing about marijuana laws too even though it’s a longstanding American tradition to ban drugs (alcohol mostly excepted, of course). Time to get ahead of the curve with a federal anti-weed amendment?