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Question of the Week

State rights are at risk: the last two major Supreme Court rulings on Obamacare and same-sex marriage prove that. Self-determination is fading quickly and will have vast implications. What do you think needs to be done in order for the States to be able to re-claim their rights and choose what they believe is best for themselves individually?

Post your answer below.

Morning Commentary

Decisions Rattle Markets

By Charles Payne, CEO & Principal Analyst
6/29/2015 5:12 AM

Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that is much more difficult to accept.

Chief Justice Roberts’ Dissent

Maybe it was a ‘Hail Mary’ for Justice Roberts’ dissent in the same-sex decision. However, make no mistake, the hallmark of his Supreme Court dissent is about activism and following the trend of popular opinion rather than delivering clear interpretations of the Constitution, even when such decisions may not be palatable to the public or rising tide.

The Chief Justice is wrong about the same sex-marriage (SSM) decision making life harder or adding more challenges that are more difficult for anyone, except those who are opposed.

More importantly, considering the creative manner in which Roberts bailed on Obamacare (twice), it’s like “Pot, meet kettle.”

Last Friday’s 5-4 ruling on same-sex marriage seems not only to be predicated on changing attitudes, but it’s also an effort by the court to expedite those attitudes. Based on the surge in the acceptance of same-sex marriage over the past two decades, social opinion probably didn’t need a lot more nudging.  Yet on the other hand, based on religious beliefs, there are voices that must be protected.

However, this will not spark a civil war, but it should spark a civil understanding of all people’s desires, faiths, and goals of their best lives. The other big losers are states’ rights where self-determination is fading quickly and popular opinion within the state doesn’t matter. There are times when the federal government should come to the rescue to keep citizens safe; however, we are witnessing a complete usurpation of state self-determination.

If  the current trends hold liberal opinions, this could be the underlying force beyond the ballot box.

So, the role of the Supreme Court has changed and activism is its primary role, which means pop culture, tastemakers, and influential politicians could decide future cases. If someone like Elizabeth Warren can gain traction, could she at some point de facto direct the highest court in the land to become a partner in her war on business?

Michigan vs. EPA

The Supreme Court will have to decide if the Environmental Protection Agency’s (EPA) goal of even furthering mercury reduction has results in the rules that are simply too draconian and too expensive to justify.

In short, both sides (more or less) agree on the numbers. The EPA says it’s worth hammering the coal industry with a $9.6 billion annual price tab… And to make sure we save up to $6.0 million in potential lost incomes.



The EPA says the mercury intake by future mothers’ results in their children having lower IQs.  Their math says the impact is a 0.009 lower IQ.  Using calculations from the Department of Education says each lost point of IQ results in lower annual incomes up to $1,958.  At face value, this means the EPA at face value is saying its actions will save $6,000,000 in total annual savings. 

The coal industry has calculated the cost of retrofitting and eliminating more mercury; it will result in a $9,600,000,000 hit to the economy. 

Recently, the EPA said the numbers don’t matter, it’s about principle; but just in case they add the retrofitting of these plants, it would have a massive human and economic impact by curbing particulate matter.

There’s been so much damage to the coal industry; a victory would be almost moral and provide only a drop in the bucket. On the other hand, the Clean Air Act (CAA) has become like Thor’s hammer, giving the President an all-powerful weapon that may be used beyond the coal industry.

In general, industry and capitalism starts this week under greater danger than last Monday. That’s not good for any American… regardless of your race, sexual orientation, or opinions on flags and monuments.

Europe’s Achilles Heel & America’s Black Swan?

Friday, Alexis Tsipras announced parliament would vote on a referendum that would allow the Greek citizens to vote on the next move in its never-ending saga.

The voting happens on July 5th and the default happens on July 1st.

The creditors are not amused and seem determined not to put any more cash in this game until Greece puts more skin into the game; a lot more skin.

The Greek Prime Minister, an advocate of the so-called game theory, seems to be in disarray. In the meantime, the spigot is being cut off. The Emergency Liquidity Assistance (ELA) program operated by European Union (EU) central banks, but overseen by the European Central Bank (ECB) is being shut off, which means no money for Greek banks, which will not open this week in order to avoid a run by desperate citizens.

Our market will be hit hard this morning since the unthinkable a week ago is becoming a reality.  Greece will go into a technical default with the International Monetary Fund (IMF) tomorrow, and it is being cut off by its European creditors.

Today’s Session

As anticipated, the major indices indicated lower this morning. We have tons of economic data coming out this week, but good or bad, they will do little to sway the market. According to Reuters, the people of Greece are being forced to withdraw no more than 60 euros per day from ATM machines, however, the value of the Euro has plummeted and is certainly not enough to support a family.

A good start is a Republican prez. in 2016.

Next, more critical questioning of SCOTUS nominees by the Senate.

tom k on 6/29/2015 10:05:15 AM
Congress should pass a law that allows them to impeach a SC judge for not following their responsiblites.

Bart on 6/29/2015 10:13:19 AM
Nothing short of a constitutional convention is going to stop this insanity. The inmates are running the asylum. I'm referring to the president and the Congressional leadership.
We had a landslide election last November and the message was clear, stop Obama. Instead, he continues his reign of lawlessness with a new complicit congress.
Our only hope has been left with the Supreme Court. The majority of them apparently are afraid of stopping the first black president too.
When did it become racist to uphold the constitution?
It's time for term limits on all public office holders and judges, and only the states will ever be able to accomplish that. The inmates will never cut their on power and reduce their likelihood of becoming lobbyists after they leave office. Patrick Murry

Patrick Murry on 6/29/2015 10:13:44 AM
constitional change. New admendment providing regarding no more life time appointments for Federal Court Judges. New admendment reguiring constitutional scholarship to have been demostrated for 10 or 20 years by potential fed judge candidates.

tomports on 6/29/2015 10:14:17 AM
Nothing can or will change until
Obama leaves office, we got what
we voted for and what we deserve.

tom wayne on 6/29/2015 10:27:44 AM
Democrat/liberal/progressive politicians are all for same sex marriage for a very simple reason: political contributions. D/L/P's have expanded the need for divorce lawyers and pre-nuptial lawyers, as same sex marriages will fail just like real marriages. Did I mention that lawyers give D/L/P's a disproportionate amount of campaign contributions.
Now for unintended consequences. The IRS should make clear that same sex married must file their income taxes as "Married filing jointly" or "Married filing separately" with its added complications.
Oh, and there common property states. Lawyers will make plenty in divorces between two guys or gals.
D/L/P politicians are not about freedom or rights, it's about greed.

Chris Reinhardt on 6/29/2015 10:30:39 AM
We must elect the next two members of the Supreme Court in order to retain the viability of the United States Constitution and it's true meaning.

Marvin Berkowitz on 6/29/2015 10:35:53 AM
Both of these have enormous implications for both the future of our society and for the economy. As Stella Morabito writes in The Federalist: "Same-sex marriage is a notion that contains within itself the seeds of its own destruction. I doubt many have thought this through, with the ironic exception of the elites who have been pushing this." An article well worth reading at http://bit.ly/1QYQES1

Dennis Howard on 6/29/2015 10:47:10 AM
Hide. Time will pass quickly when this bull blows up in the faces of the uninformed and dumbed down. Mediocrity and division has won only the first few innings. I know the outcome. Do YOU.

Al on 6/29/2015 10:47:36 AM
States rights are being withered away and it seems no one is concerned. That was the basis for our last civil war. Does it have to go that far before the representatives we send to Washington remember why they are there? Here in Texas at least our AG is considering NO to the same sex nonsense The people of each state have a right to decide if that's what they want in there state..

Jack on 6/29/2015 10:50:16 AM
States rights are being withered away and it seems no one is concerned. That was the basis for our last civil war. Does it have to go that far before the representatives we send to Washington remember why they are there? Here in Texas at least our AG is considering NO to the same sex nonsense The people of each state have a right to decide if that's what they want in there state..

Jack on 6/29/2015 10:50:19 AM
This may just be the needed spark to ignite the flame and wake up Christians and conservatives to the disaster that's coming. If allowed to continue Obama and the leftist groups will destroy the moral and economical fiber in this country. We are a majority and need to stand up to this dictatorial president and his cronies.

Charles on 6/29/2015 11:07:54 AM
First Congress needs to take back the legislative power back that the Supreme Court usurped by passing legislation forbidding the court from legislating from the bench. The Supreme Court is only to determine what has first been legislated, is Constitutional. Second, Congress needs to reverse all legislation from the bench declaring it unconstitutional. Third Congress needs to take back the power usurped by the executive branch, declaring that is also unconstitutional. Congress needs to man up and stop being such a whimp.

Frank Dalene on 6/29/2015 11:11:34 AM
The Feds continue their power grab, while the States seem not to be able to band together to stop it. It will take several states putting forth secession votes for people to wake up to what's going on. People are clearly fond of "reality TV" viewpoints and have forgotten that what made this country great is perishable, and depends on them.

Mike on 6/29/2015 11:11:35 AM
We must humble ourselves,acknowledge God our creator, and pray for his guidance every day. The heart of men and women have departed from God and now we seem to be absorbed with ourselves. Ignoring our creator. In an environment where you are labeled a bigot if you quote the 10 commandments. It is time to pray that everyone takes time to hear the voice of God and pursue how he would like us to live for him. We have to find out for ourselves. You cannot legislate Jesus teachings. Embrace him and he will embrace you. Ignore him and he will have no choice but to ignore you and that is a fate no one should desire.

D. Ekizian on 6/29/2015 11:14:40 AM
For there to be a perfect Union Stat rights have to give in face of national interest for all of the United States. That is why there is a Supreme Court to ensure this where Congress fails to act or the States fail to act I unison.

Francis Ssekandi on 6/29/2015 11:15:11 AM
Same sex marriage is not equal to traditional marriage. Traditional marriage is responsible for the survival of our species. Since gay couples cannot procreate, their union is not equal to heterosexual couples. SCOTUS should not have taken the cases because it cannot make equal that which is not equal nor can it override religious opinions against gay marriage.

Joyce Faison on 6/29/2015 11:36:01 AM
To get some people in Washington that actually know what's going on and want to do their job and work for the people of the United States. They're working for us we're not working for them.

W Dome on 6/29/2015 11:43:53 AM
States rights vs the Federal Government
Should have been settled in the 10th amendment. Down hill slope.

Robert Shaw on 6/29/2015 12:29:29 PM
Same sex ruling should also apply to gun laws ...making concealed carry licenses legal in all states?

Richard Nicholson on 6/29/2015 12:30:43 PM
Charles, the mistakes that you and a lot of others make when discussing the same sex marriage issue is that 1) it has moved forward by the democratic process, and 2) that public acceptance has greatly changed. As far as democratic process is concerned, I'm not sure that legalizing gay marriage has been voted into existence in any state, in fact I think that in every state where it has been put to the vote, marriage has been held up as between 1 man and 1 woman. 2) as far as popular opinion goes, I don't think it is nearly as accepted as the main stream media would lead you to believe. As far as polls go, I would call it one of the biggest examples of "bullying" ever seen. How many examples of people being publicly ridiculed and even losing their careers for simply voicing their opinion over the subject have their been? It has truly been a text book example of organized bullying, to the point people are just afraid to express their true feelings and opinions.

Mark Hope on 6/29/2015 2:49:18 PM
If one were to read the Constitution as written, one would understand that the scotus decision is on sand. The 10th and 4th amendments give the fed gov't no such ability. The States created the fed gov't and limited its powers. Let the fed gov't start their own marriage licensing offices to federally license their own edicts and pay for them. That is if any State were to allow it in their sovereign borders. State atty generals need to "grow a set" and stop cow-towing to the mystical fed gov't supremacy.

cjmcd on 6/29/2015 3:09:34 PM
We are now being informed of AMERICAS' NEW "No.2" Marriage. Per last Fridays' ("BLUE FRIDAY"IN AMERICA), Supreme Court vote, THERE ARE NOW TWO CLASSES OF MARRIAGE IN AMERICA;
"No. 1,--REAL MARRIAGE." (between a man and a woman)

"No.2 , Phony Marriage." (between 2 people of the same gay sex,)

Obama wants you to be sure to always accurately identify and describe this new and important distinction. Also,
keep the Liberal Press informed -- and In-Line.

J. Harris on 6/29/2015 3:14:32 PM
We're losing our balance everywhere. Courts legislate, presidents adjudicate, the federal government shuts down state authority. If some issue embraced by the heavily indoctrinated mainstream came under threat because of this imbalance, more people might see its danger.

Patricia Flynn on 6/29/2015 3:48:03 PM
Maybe we should be using a Constitutional Convention as a tool.

Kevin on 6/29/2015 5:10:29 PM
Appreciated your column, Charles and enjoy the posts, Thanks

Harry T on 6/29/2015 6:35:20 PM

doniel apont on 6/30/2015 2:17:32 AM
All of the comments were great, but I believe they fall short of effective. the problem with the courts is that the judges now believe they are dieties. They even demand that you rise when they enter the room. How ridiculous is that? if you refuse, then they throw you in jail withiut a trial by your peers. The solution must make judges fear when they get arrogant and violate he Constitution as these have.
Therefore, I think it will take an armed band of citizens going into the Supreme Court and dragging out the worst of the lot and hanging them publicly for treason. Those citizens will then have to face trial, but history will see them as heroes who delayed the demise of the country.

Bob G on 6/30/2015 10:11:00 AM
The comments by Mark Hope are well stated and dead on. The homosexual community runs ads to bully everyone into compliance, and their own ads prove that their perverse behavior is not accepted by society. they stole the word "gay" from our language and applied it to something that has no gaiety in an attempt to push forward a lie about that behavior. Now, they are running ads complaining that "gay" is now used as an insult. Well, duh! Peope were not fooled. Using a happy word for an unhappy, weird behavior does not change behavior, and when people accept the new meaning it only makes the word into an insult instead of a happy word. "Queer" meant strange, bizarre, and/or abnormal. It still means the same things, but cannot be used as widely because its meaning has narrowed to only one behavior, to which it aptly applied then and now. and since it applies to only that one behavior, it is now viewed as an insult instead of a neutral descriptor. It is an insult, because the people see the behavior as unacceptable despite the bullying.

Bob G on 6/30/2015 10:26:16 AM
1.) The States should vehemently contest the ruling because two of the judges had already performed gay "marriages".
2.) The States should also create a viable alternative that would be acceptable to the LBGT community but it absolutely cannot be a traditional marriage. That is a God ordained sacrament between one man and one woman.
3.) This decision must also not be accepted without a firm stand by the States informing these nine judges that the PEOPLE decide with their VOTING power and that was already CONCLUSIVELY done - mulitple times.
4.) Abolish the Supreme Court if it is not going to abide by the Constitution. It already looks like another political arm ready to do the bidding of the Progressives and liberal Presidents. It has tossed its authority to the wind, along with the people's respect.
5.) Pray - HARD - that the Lord doesn't take His hand off of the United States of America. God help us!

Connie H on 6/30/2015 1:25:15 PM
Congress could begin by monkeying around with the federal jurisdiction statutes. It certainly has the power to narrow the scope of what is appropriate subject matter for federal review.
No more omnibus bills that nobody reads
No more "comprehensive" this or that
Congress ought to guard its authority from usurpation by the other branches
Understand that ABA approval is the least valuable index of a judge's fitness
All appointment hearings should be profoundly adversarial and painful. Nobody should be allowed to dodge questions.
GOP no longer permitted to hide behind the myths of comity and senatorial tradition. Either stand for something or GTFO.

JM Ealie, Esq on 6/30/2015 4:45:06 PM
Boston t party time

Slam on 6/30/2015 7:47:06 PM
Every state that has had it, with this sorry excuse for a government should succeed from the union, and start are own country.

Marcus Anderson on 7/2/2015 3:36:25 PM
Charles your question struck a nerve, with over 30 responses so far. !st. we need to elect a conservative president who believes in a smaller fed. govt. That hasn't happened since Calvin Coolidge. We are so fortunate to have 50 different labs. in which to enact policy to see what works best and would be copied by other states....THE FEDS JOB IS TO PROTECT OUR BORDERS, HAVE A STRONG MILITARY, AND INTERACT WITH OTHER FEDERAL GOVTS. AROUND THE WORLD.And we have just the opposite. 2016 can't get here fast enough.

mike T. on 7/3/2015 7:35:13 AM

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