The Corner

A Democracy Amendment

Part of the problem is that, like several defenders and opponents of the Hatch amendment, she regards it as a “federalist” approach. It is more federalist than the Federal Marriage Amendment, because it leaves state legislatures with the legal authority to create same-sex marriage. But it is not a purely federalist amendment, because it restricts state courts. The thrust of the amendment is not to grant power to the states rather than the federal government so much as it is to grant it to (state) legislatures rather than (state or federal) judges.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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