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coboardhead
Joined: 26 Oct 2009 Posts: 4303
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Posted: Sun Jan 15, 2012 7:45 pm Post subject: |
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mrgybe
It appeared to me that you were arguing that the judicial branch should be influenced by the desires of the electorate and the legislative process in ruling on the legality of gay marriage? |
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MalibuGuru
Joined: 11 Nov 1993 Posts: 9306
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Posted: Sun Jan 15, 2012 9:50 pm Post subject: |
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The Pagans, Egyptians, Hittites, cave dwellers, Hindus, Jews, Phoenetians, Mayans, Aztecs, Buddhists, Muslims, and Christians all must have been idiots. The Old Testament written by Sloths.....6000 years of written history and another 8000 years of cave dwellers all must have been idiots. The fundamental traditions of society ludicrous. Even the remnants of ancient Rome didn't have this ceremony. Yet, we are so advanced and developed that we scoff at a thousand generations of human tradition. I feel blessed to have witnessed this genesis of human compassion and evolution.
I'm beginning to feel like we should just re-elect Obama, and let the liberals change tradition to fit their vision of equity. We shouldn't fight any more, we are already in the coriolis flow. It cannot be stopped. Just watch football, drink beer, and windsurf. Dudes, I'm on your side on this one...Our forefathers were so un-evolved. We have nothing to learn from history. |
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mrgybe
Joined: 01 Jul 2008 Posts: 5181
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Posted: Sun Jan 15, 2012 11:10 pm Post subject: |
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The judicial branch should restrict their input to matters of constitutionality. They should not decide what is "good for us" based upon their own view of life. |
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coboardhead
Joined: 26 Oct 2009 Posts: 4303
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Posted: Sun Jan 15, 2012 11:15 pm Post subject: |
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mrgybe wrote
Quote: | The judicial branch should restrict their input to matters of constitutionality. They should not decide what is "good for us" based upon their own view of life. |
Agreed. And, the legislative branch and the electorate should not determine what basic rights are guaranteed under the Constitution. |
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mrgybe
Joined: 01 Jul 2008 Posts: 5181
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Posted: Mon Jan 16, 2012 12:33 pm Post subject: |
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If we were able to bring back the drafters of the Constitution and ask them if that document guarantees the right of same sex marriage, I think we all know what their answer would be. |
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mac
Joined: 07 Mar 1999 Posts: 17775 Location: Berkeley, California
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Posted: Mon Jan 16, 2012 12:52 pm Post subject: |
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Why stop there? Let's return to horses and buggies for transportation, leeches for medical treatment and quill pens for communication. The past looks so good through rose-colored spectacles. |
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coboardhead
Joined: 26 Oct 2009 Posts: 4303
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Posted: Mon Jan 16, 2012 1:00 pm Post subject: |
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I wonder how many of the framers would reject women sufferage and citizenship to slaves? Oh wait...they did reject those! |
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mrgybe
Joined: 01 Jul 2008 Posts: 5181
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Posted: Mon Jan 16, 2012 4:38 pm Post subject: |
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As you are well aware, amendments to the Constitution reflect shifts in societal norms. These shifts result from changing attitudes in a large segment of society........i.e. the electorate in whom you place so little faith. Those charged with interpreting the Constitution cannot ignore the intentions of the original drafters, or the intentions of those who coined the Amendments, simply because the words do not fit the values of the current group of interpreters. If that were permitted, that small group, with all their inevitable biases, would be imposing their values on the entire population. We may as well have King George back. |
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DanWeiss
Joined: 24 Jun 2008 Posts: 2296 Location: Connecticut, USA
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Posted: Mon Jan 16, 2012 5:22 pm Post subject: |
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mrgybe wrote: | Gay marriage has been on the ballot in 31 states and has been rejected by voters every time. Some on this forum rail against people of religion "forcing" their views on the country, but seem content that the courts do so on this matter in a transparent contradiction to the recorded will of the majority. |
And that is why we have separation of powers and a republic, not a democracy. _________________ Support Your Sport. Join US Windsurfing!
www.USWindsurfing.org |
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mrgybe
Joined: 01 Jul 2008 Posts: 5181
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Posted: Mon Jan 16, 2012 5:37 pm Post subject: |
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However, ballot initiatives specifically call upon the electorate to exercise direct democracy......otherwise such initiatives are pointless. |
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