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Thread: 5 possible outcomes of the Supreme Court Prop. 8 case

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    5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    And the citizen of CA passed an unconstitutional ballot measure because it violates two existing parts of the constitution.
    Something that changes a constitution through a valid change process cannot be unconstitutional to that constitution. Sorry.
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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by clownboy View Post
    And of course that doesn't matter here. Majority equals majority of VOTERS. Once again, voter turnout was high for the state and the majority of the voters voted Prop 8 in.
    Understood. I had been responding to longknife's hyperbolic statement that the results had been overwhelming, which as I have shown they weren't. I have no problem with the size of the electorate.
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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    The federal district court overturned it, and they hold higher power.
    That's nice and also why the SCOTUS is hearing the issue. Also superflous to the state's duty to defend their constitution.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by clownboy View Post
    NOT according to the state. Once the voters enacted and the state supreme court upheld the intiative the state had a duty to defend it's constitution.
    States are not a hive mind. The executive is not bound in any way to defend every law or ballot measure in a court of law.
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    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by AliHajiSheik View Post
    Something that changes a constitution through a valid change process cannot be unconstitutional to that constitution. Sorry.
    Yes it can if the provisions conflict with each other. Also, state constitutions cannot conflict with the US Constituton.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    States are not a hive mind. The executive is not bound in any way to defend every law or ballot measure in a court of law.
    Part of the oath of office:

    "I, ______, do solemnly swear (or affirm) that I will support
    and defend the Constitution of the United States and the Consti-
    tution of the State of California against all enemies, foreign
    and domestic; that I will bear true faith and allegiance to the
    Constitution of the United States and the Constitution of the
    State of California; that I take this obligation freely, without

    any mental reservation or purpose of evasion; and that I will
    well and faithfully discharge the duties upon which I am about
    to enter.
    Prop 8 was a constitutional amendment upheld by the state supreme court - it wasn't just any law or ballot measure.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by falcata View Post
    Plenty of unconstitutional laws have existed and a fair amount have been made nil because of their being unconstitutional. You make it sound like you're totally unfamiliar with our legal system.

    Well if we question the validity of a law that is why we bring it to a court, and it has now moved it's way all the way to the Supreme Court. Now it's future is in the supreme court's hands. You could do the same thing with any law you thought was unconstitutional, and if the court agreed with you then you were successful and correct, but if not then I guess for then that was the end of that. This can be done with practically any law in all of the U.S. so don't make it sound like it's a tool only for use by progressives for their own agenda, everyone has the opportunity to bring a case to the Supreme court.
    Are you familiar with the Tenth Amendment, Prop 8, propositions in general and direct democracy?

    The Supreme Court even hearing this case is unconstitutional in the first place because it violates the Tenth Amendment.

    There is nothing in the Constitution about gay marriage or even marriage, however the Tenth Amendment is quite clear.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by clownboy View Post
    Part of the oath of office:



    Prop 8 was a constitutional amendment upheld by the state supreme court - it wasn't just any law or ballot measure.
    Still a violation of the us constitution.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Mr.Nick View Post
    Are you familiar with the Tenth Amendment, Prop 8, propositions in general and direct democracy?

    The Supreme Court even hearing this case is unconstitutional in the first place because it violates the Tenth Amendment.

    There is nothing in the Constitution about gay marriage or even marriage, however the Tenth Amendment is quite clear.
    Due process and equal protection are even more clear.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    Yes it can if the provisions conflict with each other. Also, state constitutions cannot conflict with the US Constituton.
    Those conflicts are determined to exist or not exist by the SCOTUS. The state's highest court had already decided the amendment was a legitimate part of the state's constitution. From that point forward the state has a duty to defend their constitution against any court challenge.

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