christiefan915
Catalyst
Lol, can't answer a completely-unrelated question without getting in a dig at Obama, as if he were the only pol who ever voted "present."
court nullifies democracy
- Thread starter SmarterthanYou
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Lol, can't answer a completely-unrelated question without getting in a dig at Obama, as if he were the only pol who ever voted "present."
SmarterthanYou
rebel
I WAS talking about desh, though. THAT is why I posted this.
SmarterthanYou
rebel
i'm still trying to figure out how you two dimensional thinkers breathe everyday.
I am still trying to figure out why you think you are not conservative.
SmarterthanYou
rebel
The will of the voters of the State of Virginia against same-sex marriage does not trump the Fourteenth Amendment. The due process and equal protection provisions of the Fourteenth Amendment are explicit: ". . . No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The assertion that the Tenth Amendment sanctions the right of a state to enact and enforce laws in violation of these constitutional protections is specious; and certainly contrary to decisions of the United States Supreme Court binding as precedent. See Loving v. Virginia, 388 U.S. 1 (1967); Zablocki v. Redhail, 434 U.S. 374 (1974); and Turner v. Safley, 482 U.S. 78 (1987). In order for the Tenth Amendment argument to prevail, the Supreme Court would have to overturn these prior decisions; and that is not likely to happen.
SmarterthanYou
rebel
maybe you can explain the different gun laws in each state then?
There are very few “uniform” state laws. The Uniform Commercial Code is an example; however the UCC has not been adopted uniformly, and its provisions vary from state to state. Likewise, state laws relating to marriage are not uniform. For example: common-law (sui juris) marriage is allowed in Texas, but not in California. Even the Uniform Reciprocal Enforcement of Support Act that was passed in 1950 by the National Conference of Commissioners on Uniform State Laws is not uniformly enforced, notwithstanding that it is subject to the Full Faith and Credit Clause of Article IV, Section 1 of the Constitution. The right to have a gun is no different; and can be restricted by both state and federal law.
SmarterthanYou
rebel
so you're one of those 'we don't have rights, we have government privileges' kind of person. got it.
FUCK THE POLICE
911 EVERY DAY
Nullify democracy? You mean like Heller did? The US constitution is the supreme law of the land. Approving a law via referendum does not somehow grant it an exemption.
And, for what it's worth, it's just absurd hearing this crap from you - you hate democracy.
FUCK THE POLICE
911 EVERY DAY
The argument for freedom of contract was actually based on the 14th. Courts are typically reluctant to rely on the 9th (the only time I can ever recall a judge using it was a minority concurrence in Roe v. Wade one judge I can't remember put out). To clarify that the bill of rights doesn't deny that other rights may exist is one thing, to say that judges should have the a blank check to decide what these rights are and strike laws down based on them is another. That's way to vague, it gives the court too much power, no one wants to open up that can of worms.
SmarterthanYou
rebel
please expand further on this. your opinion is intriguing
FUCK THE POLICE
911 EVERY DAY
Gay marriage is fictitious? Open your eyes my friend, there are plenty of examples in the real world, it's not like it's magic. Definitions change, we aren't somehow bound to a single definition of a word that cannot be altered or expanded upon with time. If that were the case we'd still be hunter gatherers in the wilderness, refusing to expand ourselves beyond a few grunts that mean "rock" and such.