Yakuda
Verified User
Dont be taken in by this unicorn lawyers bullshit. The very LAST thing leftist want is states rights.
What happened to States Rights?
- Thread starter Jarod
- Start date
Yakuda
Verified User
Leftists are already fascists
Dutch Uncle
* Tertia Optio * Defend the Constitution
Correct. Now, will you admit that the very LAST thing MAGAts want is State's Rights? Feel free to run from the question if you know I'm right.
TOP
Retired Teacher
Why wouldn't the states want what is best for their girl/women athletes?
Dutch Uncle
* Tertia Optio * Defend the Constitution
Agreed but state laws have to comply with the Constitution. Specifically the 14th Amendment's Equal Protection Clause.
Not a lawyer, but it seems that women already have the same rights as men under the Constitution. Ergo, any problems are a matter of enforcement, not new law.
14th Amendment
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.
equal protection
equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws . The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.Permissible Discrimination
It is important to acknowledge that a government is allowed to discriminate against individuals, as long as the discrimination satisfies the equal protection analysis outlined below, and described in full detail in this Santa Clara Law Review article .U.S. Constitution
The Fifth Amendment 's Due Process Clause requires the United States government to practice equal protection. The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection.Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights .
Equal Protection Analysis
When an individual believes that either the federal government or a state government has violated their guaranteed equal rights , that individual is able to bring a lawsuit against that governmental body for relief .Based on the type of discrimination alleged, the individual will first need to prove that the governing body actually discriminated against the individual. The individual will need to prove that the governing body's action resulted in actual harm to them. After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny , intermediate scrutiny , and rational basis scrutiny. The court will determine which scrutiny the individual will be subject to, relying on legal precedent to determine which level of scrutiny to use. It is important to note that courts have combined elements of two of the three tests to create an ad hoc test.
Guno צְבִי
We fight, We win, Am Yisrael Chai
Teflon Don
I'm back baby
What is your goal with this thread Veruca? Are you wishing to debate the concept of States rights? Or is this just another one of your shit threads because you think you have stumbled upon some level of hypcrisy by the right?
Trump threatens Gavin Newsom with unprecedented punishment
Donald Trump is savaging California Gov. Gavin Newsom and threatening fines against the liberal state as he ramps up the war against transgender athletes.www.dailymail.co.uk
Before, diving in, why don't you tell us where you stand on State's rights?
If it is just another Veruca "gotcha" thread designed to nothing more than troll the board then I am not interested. But, if you really want to debate/discuss State's rights as an issue then I am all in.
Ball is in your court Veruca
SmarterthanYou
rebel
If leftists truly believed in states rights, they would not have made marijuana illegal in all 50 states, nor would they prohibit states from making machine guns legal in any state that chose it.
but... but...
It can be anything the discussion leads us to... but initially it was to point out the hypocrisy of the Trumpper.
Yakuda
Verified User
You dick weeds will say and do anything if you think it will help your agenda even if it directly contradicts anything you've said or done in the past. STFU
SmarterthanYou
rebel
so you confirm that YOU can point out hypocrisy, but nobody else is allowed to call you a hypocrite. got it
So when it came to slavery existing, it was states' rights. When it came to slaves escaping to free states, they no longer supported states' rights. When it came to segregation, it was states' rights. When it came to desegregation, they no longer supported states' rights. It is almost like they are selectively states' rights supporters.
Have you ever heard of a need to preserve government rights over human rights? That is what states' rights proponents want, government rights. Just one specific level of government too. They are definitely against local government, or federal government, just state (middle level) government having absolute rights. When a local government tried to desegregate their schools, they demanded states had the right to put a stop to that.
So what is this "perfect" size of government? Somewhere between 10,000 and 40 million.
Have you ever heard of a need to preserve government rights over human rights? That is what states' rights proponents want, government rights. Just one specific level of government too. They are definitely against local government, or federal government, just state (middle level) government having absolute rights. When a local government tried to desegregate their schools, they demanded states had the right to put a stop to that.
So what is this "perfect" size of government? Somewhere between 10,000 and 40 million.
I never said nobody else is allowed. ? You ok, Bra?
NiftyNiblick
1960s Chick Magnet
States' rights wouldn't be much of an issue
if we hadn't forced an ill-advised union between seriously incompatible states.
if we hadn't forced an ill-advised union between seriously incompatible states.
Yakuda
Verified User
The perfect size of government is only what the Constitution gives the govt authority to do. The gift has no authority to operate a department of education. Or transportation. Or energy. The list goes on and on
Congress created those departments by law? How is that unconstitutional?
SmarterthanYou
rebel
not every law created by the government is constitutional, despite the BS that the Supreme Court says
States' rights have been used to take away the basic human right to be free from slavery. Why would a mid level government have so much more rights than human beings?
SmarterthanYou
rebel
how did they do that?