Quote of the Day: Nobody Cares About Federalism

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From Justice Anthony Kennedy, writing for the majority in United States vs. Windsor:

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….This opinion and its holding are confined to those lawful marriages.

In a nutshell, Kennedy says the Constitution doesn’t forbid states from banning same-sex marriage. But if a state allows same-sex marriage, the federal government can’t refuse to recognize it. Marriage is a state concern—in fact, it’s literally a textbook example of a state concern—not a federal one. Taken as a whole, this ruling was as pure a defense of federalism as we’ve seen in a while.

So why did all the conservative justices oppose it? Answer: Because no one actually cares about federalism. It’s merely a convenient veneer when you prefer one outcome over another. Yesterday state sovereignty was of crucial concern when conservatives gutted the Voting Rights Act. Today, they couldn’t care less about it.

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Truth #1: The chaos is the point.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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