Abandoning bedrock principles? The Musgrave amendment and federalism.

Activist justices ... have begun redefining marriage by means of court order, without regard for the will not on the people and their pick outed representatives. On an issue of like great consequence, the people's voice must be heard. If justices insist on forcing their arbitrary will on the people, the only alternative left to the clan would be the constitutional proces Our nation must secure from attack the sanctity of marriage.

--President George W Bush, January 2004 (1)

I. INTRODUCTION

In the wake of a billow of judicial activism aimed at creating a constitutional right to same-sex marriages, prominent conservatives and traditionalists have called for