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They have taken to themselves legislative powers provided nowhere in the Constitution and because this power was assumed, there is no provision in the Constitution to counter the Court or to in any way hold the Court accountable.
Even the people have no immediate recourse.
The Supreme Court has effectively become the monarch the Founders feared.
Except that's not the case. Since we all know what this is about, let's stop dancing around it. You don't like that the supreme court legalized gay marriage. Because here's what you heard: 'Christians have to marry gay people.' But here's what you're willingly ignoring: Christians don't own marriage.
And actually, the marriage is a civil marriage, meaning it takes place in a court room. America has a separation of church and state, and when religious arguments are used (because don't pretend a secular argument exists against it) in a secular court, the SCOTUS has a constitutional obligation to step in and end that.
Until SCOTUS says churches have to marry gay people, I'm not gonna sweat it. The same argument you're using now could also be used to justify slavery, by the way.
And any law can be struck down by five people we didn`t elect.
So what`s the point in all the theatre every two years to elect people who do not have the final say on anything?
Yeah. That's kind of the way the Constitution was written. Welcome to America, maybe you can pass a basic citizenship test. Checks and balances, three branches of government, this is how America was designed.
"Funny how all you "strict Constitutionalists" are so quick to abandon the U.S. Constitution the moment the Supreme Court doesn't rule the way you WANT it to."
And many on the left STILL whine about the SC with their vote in the Bush/Gore election.
Please don't be so sanctimonious about NOT complaining when your side loses
The difference is Left-wing folks aren't typically the ones who consider themselves "strict constitutionalist". You can't weasel out of this, You can't claim to be the champions of the Constitution then turn around and bad-mouth the constitution the moment things don't go your way. Strict constitutionalists are almost always folks on the Right - that's been shown to be the case over and over again even just on this very board.
"All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
The Supreme Court didn't "make the law" - they just INTERPRETED the law. Congress wrote the law.
The fact that you may not LIKE that interpretation is not really relevant.
The Supreme Court didn't "make the law" - they just INTERPRETED the law. Congress wrote the law.
The fact that you may not LIKE that interpretation is not really relevant.
Ken
"Interpretation", on adulteration, is spoliation of subject matter.
Actually, the court was Constitutionally correct with Dred Scot in its time, but morally wrong. The Constitution was later amended, so that the same decision would be Constitutionally erroneous today. The Supreme Court is overruled by the people by amending the Constitution.
I agree, for all the lambasting the Taney court's decision was constitutionally correct at the time. The court isn't suppose to decide morals. Isn't that what they tell us about other moral issues like abortion? In the gay marriage case the court was overturning the legislature. Dred Scott was just a private action. The legislature is suppose to be the one to make policies, not the judiciary or executive.
The 14th amendment didn't even give women the right to vote, and now they'd have us believe the 14th amendment gives the right to same sex marriage?
Actually, I love when idiots like you bring up Sodom and Gomorrah, it just shows you don't even know your Bible. According to the Bible the destruction of S&G had nothing at all to do with homosexuality. God says right in your precious Bible why He destroyed them ...
Ezekiel 16: 48 As I live, declares the Lord God, your sister Sodom and her daughters have not done as you and your daughters have done. 49 Behold, this was the guilt of your sister Sodom: she and her daughters had pride, excess of food, and prosperous ease, but did not aid the poor and needy. 50 They were haughty and did an abomination before me. So I removed them, when I saw it.
Translation to the 21st century: If you believe in your Bible, then Sodom and Gomorrah were destroyed because they were a bunch of Republican/Tea Party douche bags who refused to help the poor ..
No, the 14th Amendment doesn't give a Constitutional right to same-sex marriage. It gives a Constitutional right to Due Process and Equal Protection under any and all state laws. That includes civil marriage laws.
A state can easily do away with same-sex marriage - it would simply just have to do away with it's civil marriage laws.
Then why did the 14th amendment not even give women the right to vote? That came 50 years later via the 19th amendment. Surely the right to vote is more of an equal protection issue. Why didn't the 14th amendment for almost 150 years give gays the right to marry one another until now? You along with the recent supreme court have been creating things from the 14th amendment. The SC is not suppose to create new rights and policies, the legislature is.
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