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Old 11-06-2010, 08:25 AM
 
Location: Las Vegas, NV
3,849 posts, read 3,752,484 times
Reputation: 1706

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Quote:
Originally Posted by hawkeye2009 View Post
Thier JOB is to INTERPRET THE LAW. Iowa already has a law saying that marriage is between one man and one woman. It was passed in the 1990s.

Now given that law, how the hell could any rational judge (thier job being the interpretation of the law) come to any other conclusion?

The laws are to be determined by the electorate, not one or two dictators (sorry, I mean judges). I am glad that liberals are scared, as this shows that the nation is tired and fed up with left wing judges creating laws that suit thier political views from the bench. It is about time.
You forgot five words in your first sentence. Insert the words 'according to the state constitution' after the word law and you will be correct. Now, apparently, according to the Iowa state constitution, everyone within the state is to be given equal rights under the law? I've never read it and am basing that assumption on the judges' decision. If that is there, then the judges ruled correctly and they did NOT 'legislate from the bench.' They ruled that law you mentioned was a violation of the Iowa state constitution. And that IS their JOB.
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Old 11-06-2010, 08:32 AM
 
30,065 posts, read 18,665,937 times
Reputation: 20883
Quote:
Originally Posted by jaykibs View Post
Obviously that law was found unconstitutional. Their job is not to interpret law, but to interpret the Constitution and apply that interpretation to existing new law and to individual cases.

And I would really like to know what law they created. If they were legislating from the bench, they would have had to create law. They did not create a gay marriage law; they simply expanded to gays the right to take advantage of an existing institution, or brought us into a law that already existed, in other words.

A little suprised now?

The law was passed BY THE PEOPLE to CLARIFY the state constitution.

Three LEFTIST, ACTIVIST JUDGES reversed the EXISTING LAW and created thier own law. We, the people, did not like the law that the judges created, therefore they were removed. Now a Constitutional Convention will be called to write INTO THE CONSTITUTION clear language regarding this issue.

This is a victory against activist judges and reaffirmation of the will of the people. Only those who despise liberty and the will of the people (fascists and liberals) would be upset by this action. If the people have no input into thier laws, they are no longer living free in a republic, but under the thumb of tyrants. We threw the tyrants out!
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Old 11-06-2010, 08:46 AM
 
Location: Albany, NY
723 posts, read 634,114 times
Reputation: 277
Quote:
Originally Posted by hawkeye2009 View Post
A little suprised now?

The law was passed BY THE PEOPLE to CLARIFY the state constitution.

Three LEFTIST, ACTIVIST JUDGES reversed the EXISTING LAW and created thier own law. We, the people, did not like the law that the judges created, therefore they were removed. Now a Constitutional Convention will be called to write INTO THE CONSTITUTION clear language regarding this issue.

This is a victory against activist judges and reaffirmation of the will of the people. Only those who despise liberty and the will of the people (fascists and liberals) would be upset by this action. If the people have no input into thier laws, they are no longer living free in a republic, but under the thumb of tyrants. We threw the tyrants out!
The job of the judiciary is to ignore the will of the people. PLEASE read the Constitution. Read what it says about the separation of powers. This court did nothing more than their jobs. Anti-gay fringe hate groups spent tons of money to oust these judges. Nothing more to it than that.

In fact, the founding fathers wrote explicitly that judges should not come up for retainment elections, as they would then be likely to pay too much attention to the will of the people.

This vote undermines the entire concept of a judicial branch of government, and the Constitution along with it.

Only those who despise liberty and America would applaud this action. If the judicial branch cannot function as an equal branch of government independent of voters, we are no longer living in America, but under the thumb of a tyrannical majority. The voters threw the Constitution out!
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Old 11-06-2010, 08:47 AM
 
Location: Las Vegas, NV
3,849 posts, read 3,752,484 times
Reputation: 1706
Quote:
Originally Posted by hawkeye2009 View Post
A little suprised now?

The law was passed BY THE PEOPLE to CLARIFY the state constitution.
You don't change a constitution (or 'clarify' it) by passing a law! If you feel the constitution needs to be changed (or 'clarified') you do it by passing an AMENDMENT.
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Old 11-06-2010, 08:50 AM
 
Location: Albany, NY
723 posts, read 634,114 times
Reputation: 277
Quote:
Originally Posted by MsMcQ LV View Post
You don't change a constitution (or 'clarify' it) by passing a law! If you feel the constitution needs to be changed (or 'clarified') you do it by passing an AMENDMENT.
Additionally, ousting these judges will do nothing to change the law. The law is still on the books as written.

I'd also like to say that changing the Constitution to address marriage equality is obscene and institutionalized hate and bigotry. It is entirely un-American.
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Old 11-06-2010, 09:11 AM
 
Location: Chicagoland
41,325 posts, read 44,944,793 times
Reputation: 7118
Quote:
Originally Posted by MsMcQ LV View Post
You don't change a constitution (or 'clarify' it) by passing a law! If you feel the constitution needs to be changed (or 'clarified') you do it by passing an AMENDMENT.
Well then, doesn't your argument just fall to pieces then - the judges passed a law, didn't they?
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Old 11-06-2010, 09:12 AM
 
Location: Albany, NY
723 posts, read 634,114 times
Reputation: 277
Quote:
Originally Posted by sanrene View Post
Well then, doesn't your argument just fall to pieces then - the judges passed a law, didn't they?
No, they didn't.
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Old 11-06-2010, 09:28 AM
 
30,065 posts, read 18,665,937 times
Reputation: 20883
Quote:
Originally Posted by MsMcQ LV View Post
You don't change a constitution (or 'clarify' it) by passing a law! If you feel the constitution needs to be changed (or 'clarified') you do it by passing an AMENDMENT.

I see......................


So there are no laws, in your mind, as every law can be reversed, repealed, or ignored, as it is just what a liberal activist judge thinks of the State Constitution, and not the written law?

I guess I will get down to committing some crimes, as the laws really do not matter.

Given the fact that the judges subverted the will of the people, on the docket for the new legislature is a constitutional amendment to ban gay marriage. Further, the people of Iowa were wondering exactly what other strange rulings would be made by these judges in other arenas, such as 'legalizing" pot by judicial fiat or peculiar illegal immigrant rulings.
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Old 11-06-2010, 09:47 AM
 
Location: Albany, NY
723 posts, read 634,114 times
Reputation: 277
Quote:
Originally Posted by hawkeye2009 View Post
I see......................


So there are no laws, in your mind, as every law can be reversed, repealed, or ignored, as it is just what a liberal activist judge thinks of the State Constitution, and not the written law?

I guess I will get down to committing some crimes, as the laws really do not matter.

Given the fact that the judges subverted the will of the people, on the docket for the new legislature is a constitutional amendment to ban gay marriage. Further, the people of Iowa were wondering exactly what other strange rulings would be made by these judges in other arenas, such as 'legalizing" pot by judicial fiat or peculiar illegal immigrant rulings.
Sigh, let's try again.

Crimes are still unconstitutional. They do not involve civil rights or privileges such as marriage. Excluding certain people from certain privileges in many cases will be unconstitutional. Committing a crime against someone else is not protected by the Constitution.

Legalizing pot could ostensibly fall under the umbrella of judicial review if those laws are found unconstitutional. Again, that is the proper role of the courts. Illegal immigrants are not American citizens. Therefore, they do not receive the same rights and privileges of American citizens.

Again, constitutional amendments to ban gay marriage are fundamentally un-American and I am always surprised to see conservatives support them. The eagerness to abandon American values in order to discriminate against a group of people that you don't happen to like shows an incredible lack of spine.
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Old 11-06-2010, 10:12 AM
 
Location: Las Vegas, NV
3,849 posts, read 3,752,484 times
Reputation: 1706
Quote:
Originally Posted by sanrene View Post
Well then, doesn't your argument just fall to pieces then - the judges passed a law, didn't they?
No, they compared an existing law to provisions in their state constitution and found that the law didn't fit. I did look up the Iowa Constitution and I believe this is where they found it to be contradictive:
Quote:
Laws uniform. Sec. 6. All laws of a general
nature shall have a uniform operation; the
General Assembly shall not grant to any citizen,
or class of citizens, privileges or immunities,
which, upon the same terms shall not equally
belong to all citizens.
And this is where you can find that constitution: http://www.limitedgovernment.org/pub...nstitution.pdf
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