Quote:
Originally Posted by Rudy
Respectfully you are all over the place on this issue.
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Respectfully you aren't on the right page on this issue. I have repeatedly pointed out that the marriage license confers no power to the state that it doesn't already claim even over "common law" marriages. There is no case that I have ever heard of in which the state declared the existence of a marriage license made any difference whatsoever in the disposition of a marriage, EXCEPT in cases of either claimed bigamy or other unlawful marriages, which would be unlawful marriage license or not.
Nobody here arguing about the supposed powers of the marriage license have supplied any data or information whatsoever to support their claims. Nobody arguing that a marriage license is some supposed "contract" has provided a single shred of supporting documentation.
Obtaining a marriage license is purely a matter of personal preference. By obtaining the license the parties are stating they recognise the state's authority to authorise the marriage, or at least are stating they have no intention of objecting to the state's power of authorising or forbidding marriages. From the state's point of view, the marriage license is nothing but a revenue scheme that also conveniently helps reduce the instances of bigamy and other unlawful marriages (such as incest).
So just repeatedly posting that I am wrong, with absolutely nothing to show for it but your own claim that I am wrong, clearly demonstrates you have not actually studied the legal issues concernimg marriage licenses. Rather, you are likely parroting information you read on the internet from those who oppose the marriage license.
I spent YEARS researching at law libraries the subjects of law, the UCC, Title 26, the income tax, driver's license issues vs Right To Travel, sovereign citizenship, Constitutional vs Federal Code of Federal Regulations issues, the corporate entity of DC and "States" vs these united States, issues of citizenship (state vs federal vs 14th amendment etc), the "flag issue", etc. I have spent hours and hours researching the actual court cases in the Federal and Supreme Court records, the congressional record, state cases including hours pouring over Vernon's Texas Statutes, Annotated. I have also put myself on the line IN court and AT federal offices arguing law vs regulation, jurisdiction, "contract", admiralty law and UCC, etc. I was doing this back in the 90s.
I know what I'm talking about.
And when I say this hubbub concerning marriage licenses is riddled with factual errors and "patriot mythology" I am 100% right. Lots of people have actually gone to jail arguing old, outdated, incorrect legal arguments which include this "marriage license is a contract" idea. Thankfully, I've never known anyone to go to jail specifically in regards to the "contract theory of the marriage license" since the issue simply doesn't come up in court and if it does it's all cut and dry (again, almost always restricted to cases of bigamy or other unlawful unions).
Now, if I am wrong, then by all means break out Black's Dictionary and Blackstone's Commentaries and cite the relevant case law that proves your point. Otherwise...?