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Thread: Cruz introduces bill defending states' rights on marriage

  1. #251
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by Redress View Post
    Are you really that ignorant of constitutional law. The 14th is part of the constitution. I lists, specifically, things the states cannot do. Since it is part of the constitution, then if you actually where to read the 10th(hint: you might want to do that) you will see why one of the two exceptions listed in the 10th will apply. I will walk you through this, here is the 10th again: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Bolding and underlining should help. Power goes to the states, except in two cases, listed in the 10th.
    Now let us look at the relevant portion of the 13th, with again some handy highlighting: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
    Are you still confused?


    Attachment 67180506
    Hey Redress, Ya know what's the best part of trying to talk with someone we all recognize as deliberately irritating and full of themselves as you?
    It's knowing that while chuckling at post after post of growing bizarre obnoxious behavior, sooner or later you'll screw up so bad even you can't deny it.
    You quoted the 14th Amendment, my friend, not the 13th.
    How sweet it is.
    IF SOMETHING EXPLAINS EVERYTHING, IT EXPLAINS NOTHING.

  2. #252
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by LaylaWindu View Post
    Hahaha Who said the 14th voided the 10th Why do you continue to make stuff up? Also there is no conflict its simply a limit. This is really basic stuff.
    Rouguenuke said "...the Amendment was basically voided by another Amendment enacted later."

    Listen, I've been polite to you, why are you adopting the worst attitude of the worst on this site so soon?
    If you want to do that, practice on someone else.
    IF SOMETHING EXPLAINS EVERYTHING, IT EXPLAINS NOTHING.

  3. #253
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by bubbabgone View Post
    Rouguenuke said "...the Amendment was basically voided by another Amendment enacted later."

    Listen, I've been polite to you, why are you adopting the worst attitude of the worst on this site so soon?
    If you want to do that, practice on someone else.
    And I've explained that to you. It in no way was to imply that the 14th voided the 10th, only that later Amendments can change the scope, up to voiding completely, earlier Amendments. I did not say that the 14th voided the 10th, you made that implication.
    "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.

  4. #254
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by roguenuke View Post
    I didn't say that the 10th was voided by the 14th. I was pointing out that later Amendments can change earlier ones, just as they are meant to change the Constitution itself, because the Amendments are part of the Constitution. In the case of the 14th, it limited the power of the states when it comes to the individual liberties/rights within the states. It made the people part of the 10th much more important than the states part of the 10th.

    You are misreading the 14th. It has nothing to do with the power of the federal government, but the individual rights of the people as being more important. The people come before the states, which is why we now have tests that require states to show "state interest" when it comes to laws that impact people particularly certain groups of people who are being treated differently than other people within those states.
    You did say basically voided ... but let's let that go.
    I think we're in basic agreement.
    Really, the question is, will the 14th Amendment be successfully used to overturn SSM prohibitions nationally or will enough of the Justices be swayed by a States Rights argument since marriage isn't specifically addressed as a matter for Congress in the Constitution.
    I'd imagine the 14th might have greater weight with the USSC.
    IF SOMETHING EXPLAINS EVERYTHING, IT EXPLAINS NOTHING.

  5. #255
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by bubbabgone View Post
    You did say basically voided ... but let's let that go.
    I think we're in basic agreement.
    Really, the question is, will the 14th Amendment be successfully used to overturn SSM prohibitions nationally or will enough of the Justices be swayed by a States Rights argument since marriage isn't specifically addressed as a matter for Congress in the Constitution.
    I'd imagine the 14th might have greater weight with the USSC.
    I said that the Prohibition Amendment was voided, not the 10th.

    It almost certainly will be used the same as it was with Loving, Zablocki, and Turner to overturn other prohibitions on certain types of marriages outlawed by state law or some policy of the state.
    "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.

  6. #256
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by bubbabgone View Post
    Oh no no no. The 10th was not voided by the 14th. You're terribly wrong about that. Maybe "voided" was just an unfortunate choice.

    "The Tenth Amendment reserves to the states all powers that are not granted to the federal government by the Constitution, except for those powers that states are constitutionally forbidden from exercising."

    The 14th says (among other things) "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    And that's the conflict. The 14th will be used to try to grant SSM. The problem is that the definition of marriage wasn't specifically granted to the US Congress. That brings us to where we are today.
    Not really. The 14th amendment exists to ensure that states apply their own laws equally. It could be any law. The state is required by the US Constitution to provide equal protection of its laws. Some people twist words to say the feds are infringing in marriage, which is not discussed in the Constitution, and thus not their domain,but the reality is they are looking at equal protection, which is a Constitutional obligation that all states have with their own laws, of which marriage is just one.

    In many ways the 14th amendment did limit the powers of the 10th amendment.

  7. #257
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by bubbabgone View Post
    Hey Redress, Ya know what's the best part of trying to talk with someone we all recognize as deliberately irritating and full of themselves as you?
    It's knowing that while chuckling at post after post of growing bizarre obnoxious behavior, sooner or later you'll screw up so bad even you can't deny it.
    You quoted the 14th Amendment, my friend, not the 13th.
    How sweet it is.
    Way to run away when your point is demolished. I made a type, and you think pointing that out is somehow important... Can you actually manage to refute my point, or defend the things you said? Have you ever read the constitution?
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

  8. #258
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by CriticalThought View Post
    Not really. The 14th amendment exists to ensure that states apply their own laws equally. It could be any law. The state is required by the US Constitution to provide equal protection of its laws. Some people twist words to say the feds are infringing in marriage, which is not discusses in the Constitution, and thus not their domain,but the reality is they are looking at equal protection, which is
    a Constitutional obligation that all states have with their own laws, of which marriage is just one
    .
    Yup. Basically what I said in #254. The only question is whether SSM will be a good enough fit for 5 of them.
    IF SOMETHING EXPLAINS EVERYTHING, IT EXPLAINS NOTHING.

  9. #259
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by bubbabgone View Post
    Yup. Basically what I said in #254. The only question is whether SSM will be a good enough fit for 5 of them.
    4 of the Justices are solid, and a fifth is almost certain due to his previous stances on such issues. The SCOTUS would be screwing itself, subjecting it and many other US courts to a ton of legal cases in the future on this issue if they don't strike down these laws. This isn't going away until the SCOTUS rules that same sex couples must be allowed to legally marry in every state.
    "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.

  10. #260
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    Re: Cruz introduces bill defending states' rights on marriage

    Quote Originally Posted by AGENT J View Post
    Cruz introduces bill defending states' rights on marriage - CNN.com



    wow what a waste of time and money, also nothing like making sure you wont be president either lol Equal rights is coming bigots . .. give it up

    again im not saying this one topic SHOULD decide who could be president but any candidate that comes out against equal rights and they make it "PART OF THEIR CAMPAIGN AND RUNNING PLATFORM" is sure to lose lol

    its just the way politics will be in 2016

    lastly traditional marriage is in no danger by equal rights, its a made up subjective thing, it wont be impacted at all

    next "the obama administration forcing it"? It doesnt get any dumber than that.

    good lord
    the war is over but its entertaining seeing the last desperate attempts of bigotry, it shows peoples true colors
    And the conservatives are so much FOR the constitution. Except of course when it crowds their agenda.
    “The people do no want virtue; but they are the dupes of pretended patriots” : Elbridge Gerry of Mass; Constitutional Convention 1787

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