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Old 09-25-2015, 05:22 AM
 
11,155 posts, read 15,673,350 times
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Quote:
Originally Posted by momonkey View Post
Like state DOMAs to address same-sex marriage since the constitution is silent on marriage and no power is delegated to the federal government to regulate marriage?
The equal protection clause is where the Constitution has a say in marriage.
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Old 09-25-2015, 09:23 AM
 
13,899 posts, read 6,410,051 times
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Quote:
Originally Posted by Bluefly View Post
The equal protection clause is where the Constitution has a say in marriage.
No it doesn't. If it doesn't govern AA it doesn't govern marriage. Meaning if a non-minority can't get what minorities get as far as preferential treatment goes, then it doesn't cover marriage either. You can't pick and choose, it's either EVERYONE is equal or not.
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Old 09-25-2015, 09:36 AM
 
Location: Dallas, TX
31,767 posts, read 28,751,991 times
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Quote:
Originally Posted by TheWiseWino View Post
Whenever I read or hear a conservative point to the 10th Amendment, why do they quote "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States...."

But never seem to finish by adding the last clause, "or to the people."?
Conservatives adhere to a very narrow idea of the Constitution itself. They prefer to leave out "little inconveniences". You see that with the First Amendment, the second, tenth and in fact, the whole Constitution. Not to mention, those who preach religiosity do it to their Bible as well.
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Old 09-25-2015, 09:39 AM
 
Location: Dallas, TX
31,767 posts, read 28,751,991 times
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Quote:
Originally Posted by NCN View Post
Would that not include the people of that state voting on it?
You miss the point of the constitution and bill of rights: rights to the people, not to the state or the governments at any level.
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Old 09-26-2015, 07:25 AM
 
14,906 posts, read 8,531,032 times
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Quote:
Originally Posted by EinsteinsGhost View Post
You miss the point of the constitution and bill of rights: rights to the people, not to the state or the governments at any level.
Like most liberals, you have a very weak grasp of the nature and purpose of the Constitution.

Contrary to your understanding, the Constitution is first a document which establishes the structure and rules for the federal government, and its relationship with the states. Those "rules" are a delegation of authority ... whereas only those powers specifically granted are indeed possessed.

This is one of the greatest misunderstandings of its nature, as so many erroneously believe and claim that the Constitution is a document of "limitation", whereas if the Constitution doesn't prohibit the government from a particular action, then its OK for government to do it. That is not just wrong, but totally BACKWARD. An analogy might be a " limited power of attorney ", whereas you grant a limited power of attorney to act for you in regard to a specific matter ... Let's say a real estate purchase. That POA only applies to that specific real estate transaction, and nothing else ....

Secondly, when it comes to " rights", the Constitution does not grant rights. The Constitution (specifically the bill of rights) simply commands government to respect and protect rights. There's a big difference between granting and protecting, since the former insinuates the government or the constitution is the source of rights, when it is not. Government's role here is to respect rights already possessed by the people ... rights that the people already possessed prior to the existence of that document, i.e., unalienable rights endowed by our Creator" as stated in our declaration of Independence.

That said, there are countless violations of the Constitution which occur routinely, as short sighted liberal authoritarians cheer wildly in celebrating the destruction of their own rights and protections.
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