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Thread: Judge strikes down Idaho's same-sex marriage ban

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by Unitedwestand13 View Post
    you seem to disregard or ignore 200+ years of U.S political history.
    you wish to read the constitution on how it is constructed.

    is the presidency, democratically elected...........no!

    was the senate pre 17th..democratically elected ...no!

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    you wish to read the constitution on how it is constructed.

    is the presidency, democratically elected...........no!

    was the senate pre 17th..democratically elected ...no!
    you don't have a valid reason for overturning 200 years of precedent.
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by Unitedwestand13 View Post
    you don't have a valid reason for overturning 200 years of precedent.
    200 years of what?....tell me what you mean...because when america was created it was a true republic

    america is not operating under constitutional law of the founders.... and no where does it given 1 citizen authority over another..

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    how? under the founders, the house is democratically elected........the other two offices are non democratic votes..making it republican.
    Except we updated the Constitution to where we elect both chambers of the legislation. And how do we elect them with the power of the vote making it democratic. True we dont elect the highest office. I think that proves that we are both a democracy and a republic. A democratic republic of such.



    because people in the state were using direct democracy to vote on rights of people to barr them getting married.......you cant vote on other people rights in republican forms of government........in democracies you can.
    Only in direct democracies you can. But in most historical examples there are still guranteed rights that can not be taken away by vote.


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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    200 years of what?....tell me what you mean...because when america was created it was a true republic

    america is not operating under constitutional law of the founders.... and no where does it given 1 citizen authority over another..
    things change

    the founders were not immortal, and their successors had to implement what they believed would follow the founding fathers intentions.
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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by TheDemSocialist View Post
    Except we updated the Constitution to where we elect both chambers of the legislation. And how do we elect them with the power of the vote making it democratic. True we dont elect the highest office. I think that proves that we are both a democracy and a republic. A democratic republic of such.
    true but the guarantee is still there..causing a constitutional problem


    Quote Originally Posted by TheDemSocialist View Post
    Only in direct democracies you can. But in most historical examples there are still guranteed rights that can not be taken away by vote.
    if i remember in France which is a democratic socialistic republic, a right of people was taken away, ..i don't remember if it was by the people vote, or government legislation though..i think it was a speech issue...but iam again not sure

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    Re: Judge strikes down Idaho's same-sex marriage ban

    At this point I'd just be pissed at the governor for stalling and costing tax payers more $$$. All the foot-stamping in the world isnt going to stop SSM nationally and anyone with any sense...liking it or not...should be able to see that.

    And I was pissed that we had to spend more $$$ to take it to a vote for voter approval in my state. Our state legislature approved SSM and conservatives balked at it and got enough signatures on a petition to take it to a vote.

    Total waste of my $$. Voters approved it fairly comfortably.
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    I have felt pain when I was in the womb. So when you say they are incapable of feeling pain, that is based on junk science.
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    A murderer putting a bullet through someone's brain is a medical procedure too.

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    true but the guarantee is still there..causing a constitutional problem
    Not entirely since we amended the Constitution



    if i remember in France which is a democratic socialistic republic, a right of people was taken away, ..i don't remember if it was by the people vote, or government legislation though..i think it was a speech issue...but iam again not sure
    I dont think france is a consitutinoal democratic socialist republic.


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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    my question to you is:

    are you not one one the people on this forum who believes democracy and "will of the people"

    since this is a constitutional amendment which the people approved of........

    I believe in the 'Equal Protection Clause' and the tyranny of the majority not infringing on the minority.
    Quote Originally Posted by Bucky View Post
    I have felt pain when I was in the womb. So when you say they are incapable of feeling pain, that is based on junk science.
    Quote Originally Posted by applejuicefool View Post
    A murderer putting a bullet through someone's brain is a medical procedure too.

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    Re: Judge strikes down Idaho's same-sex marriage ban

    Quote Originally Posted by ernst barkmann View Post
    true but the guarantee is still there..causing a constitutional problem

    if i remember in France which is a democratic socialistic republic, a right of people was taken away, ..i don't remember if it was by the people vote, or government legislation though..i think it was a speech issue...but iam again not sure
    I have shown you that yes, republics can include referendums. It doesn't matter if we didn't include them in the past. (Although they did in Rome. We were in fact the first republic to ever define republic without some direct democracy going on.) Most republics do include referendums.

    The only thing republic means is a government that is run by the people. It can include many elements of democracy. The thing that makes us different than a direct democracy is that we have a Constitution that guarantees certain rights no matter the vote of the majority. It is not based on the will of the majority when that majority tries to enact laws that violate the Constitution (including state constitutions). But that in no way prevents referendums from being a part of a republic.

    As the SCOTUS put in their ruling on referendums, the definition of a republic and whether it can include referendums is a political question, basically a matter of political opinion. It is obvious that republics can include referendums, since many do. And there is nothing within the Constitution itself that specifically restricts the use of referendums.

    The use of referendums is limited, and is only done by the states. It cannot be used to make changes to the US Constitution without a change to the Constitution being made the way it is written in the Constitution now. So, if the majority enacts a law by majority direct vote it is treated no differently than if it were enacted by a majority vote of the representatives, which means it is still completely subject to be challenged under either the state constitutions or the US Constitution.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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