Quote:
Originally Posted by Hollytree
And let's not be so strict constructionist about the constitution- the writers could not have anticipated 21st century issues.
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I mean this with all respect, Hollytree, for I do enjoy your posts and want to maintain the cordial nature of things here
The Founding Fathers had a couple of thousand years of history behind them when they wrote the Constitution. That human history certainly demonstrates that while technology may change human nature doesn't. There were certainly issues with the document- slavery being the most glaring- and they were aware of the contradictions. And less than 100 years later we fought a terrible war to correct that wrong (I am a direct descendant of three Union soldiers, and have documented more than a dozen other relatives who fought for the Union
) a war that changed the country dramatically. So I disagree with your statement, vehemently.
Regardless, the Constitution does not address marriage at all. That makes it a Ninth and Tenth Amendment issue.
Article 9 in Amendment- just because we didn't mention a right doesn't mean it doesn't exist.
Article 10 in Amendment- if the Constitution doesn't give the Feds power over it, the power over it is the sates, or the peoples power.
So the Federal government should, in the case of homosexual marriage, shut it's yap and mind it's own business. It's a state issue.
That brings us to Article 4, Section 1, to whit-
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State; And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
Not a lot of wiggle room in that, is there? This is why other states acknowledge marriages, drivers licenses, felony convictions from other jurisdictions. However, the Supreme Court have failed in their duty to enforce this section fully or properly. This is why a same sex marriage from one state is not recognized in another. This is also why a permit to carry a concealed firearm issued from one state is not recognized in another state. Blatantly un-Constitutional. it doesn't say Congress can judge such acts, or control them, only prescribe the manner in which they shall be proved.
Based on the 9th and 10th Amendments and Article 4, Section 1 homosexual marriage is a state issue, not Federal.
The Constitution was designed to be understood by the American Citizen. Not interpreted and bent to irrevelance.