paddymurphy
Gold Member
- Jun 9, 2015
- 4,020
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Have someone explain to you the difference between powers and rights. Article I, Section 8 and the Tenth address what "powers" the states have. In exercising those powers, however, the state cannot pass laws that conflict with the constitution. Google Supremacy Clause if you don't know what that is true. The 14th Amendment prohibits the states from passing laws that deny equal protection to all citizens. It also prohibits states from depriving citizens or their right to liberty without due process. The right to liberty includes the right to make important decisions about one's life without the government intruding.Where did you receive your degree in Constitutional Law?From this link: http://www.nationaljournal.com/s/25...nst-supreme-courts-huge-gay-marriage-decision
Chief Justice John Roberts
Roberts’s argument centered around the need to preserve states’ rights rather than follow the turn of public opinion. In ruling in favor of gay marriage, he said, “Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law.”
Justice Antonin Scalia
According to Scalia, the majority ruling represents a “judicial Putsch.”
Scalia wrote that while he has no personal opinions on whether the law should allow same-sex marriage, he feels very strongly that it is not the place of the Supreme Court to decide.
“Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best,” Scalia wrote. “But the Court ends this debate, in an opinion lacking even a thin veneer of law.”
Justice Clarence Thomas
Thomas, echoing a grievance expressed by many conservative politicians, also lamented that the Supreme Court’s decision is enshrining a definition of marriage into the Constitution in a way that puts it “beyond the reach of the normal democratic process for the entire nation.”
Justice Samuel Alito
Alito also reaffirmed his position that there is no way to confirm what the outcome of gay marriage may be on the institution of traditional marriage, and therefore the Court is and should not be in a position to take on the topic...“At present, no one—including social scientists, philosophers, and historians—can predict with any certainty what the long-term ramifications of widespread acceptance of same-sex marriage will be. And judges are certainly not equipped to make such an assessment,” Alito wrote. Alito said that traditional marriage has existed between a man and woman for one key reason: children.
And as to that last point by Justice Alito: Should Kids Have Had Representation at the Marriage-Contract Revision Hearing? | US Message Board - Political Discussion Forum
Now, I'm not a super powerful lawyer but it seems to me there may be simple contract case law that says if a contract is up for radical revision, the parties who are tacitly signed on to that contract, like children or the states that look after them as future citizens, must have representation at the revision-table.
Not only did that not happen for children and the states' interest in protecting them and their own fiscal future directly impacted by what happens to them growing up, but when adult children raised in gay homes submitted amicus briefs to that revision tribunal, the tribunal (The Fascist-Five) flatly ignored their pleas that they longed for both a mother and father in their home; and that longing damaged them.
Not one word that I know of in June's Opinion addressed these contract parties' concerns. Nor were there attorneys present at the hearing as guardians ad litem for childrens' voices at the table. The most important parties to the marriage contract were systematically barred from the table discussing its radical revision. Not only would contract case law come into play here, but also federal child endangerment statutes. Neglecting to allow a child's voice to cry out in protest is still neglect.
Thomas writes further:
“In our society, marriage is not simply a governmental institution; it is a religious institution as well,” Thomas wrote. “Today’s decision might change the former, but it cannot change the latter. It appears all but inevitable that the two will come into conflict, particularly as individuals and churches are confronted with demands to participate in and endorse civil marriages between same-sex couples.”
And what do you know? Several cases are on their way back to the Court in less than 6 months time on that precise loggerhead of Law. The crap will really hit the fan when Chuck & Dave go to suing a catholic adoption agency for refusing to adopt little boys to them.
This is just another example of how the right, in this case four right wing judges, are out of step with the majority. I understand their disappointment, but that's how our constitution works. Whining about the loss won't change a thing.
Actually the five are the ones that ignored the majority, faghadist marriage was defeated at the polls in the vast majority of the States that voted on it, including CA.
Read Article 1 Section 8, if you have any questions see the 10th Amendment. That tells you all you need to know, the federal government is supposed to limited in their scope, that includes the supreme court. And bastardizing subsequent amendments for purposes they were never intended to address is no excuse to violate the Constitution. It's so simple a third grader could easily understand it.