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Thread: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by free_think View Post
    Yes, I'm a little confused by the several posts that claim that SCOTUS does not have the final say on interpreting the constitution
    Nothing in the Constitution makes the Supreme Court the final arbiter of what it means. That idea is purely the Court's own invention. Chief Justice Marshall asserted it generally in Marbury v. Madison, and much later the Court asserted it very plainly in a 1958 civil rights case. See Cooper v. Aaron, 358 U.S. 1, 18 (1958).

    and the vague assertions that the SC doesn't have any way to enforce its rulings.
    If you are talking about what I wrote, it was not vague, and it was not just an assertion. It is obvious that the Supreme Court has no way to enforce its rulings, as Hamilton noted in Federalist No. 78:

    "The judiciary . . . can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."

    Is not the whole purpose of the Supreme Court to interpret the constitution, and have the final say in such matters?
    The people have the final say on everything in our system of government. In Lincoln's famous phrase, which he borrowed from John Wycliff, who had used it in referring to the Bible, we have a government "of the people, by the people, for the people." Although only one Supreme Court justice has ever been impeached, the very fact that remedy is available proves the Judicial Branch is as much a servant of the people as the other two brancjes.

    Are posters suggesting this ruling will prompt another such action, or series of actions? Seems unlikely at best.
    That depends on what action you are referring to. Justice Scalia pointed out that dictates like this one can have no effect unless either the states choose to give them one, or the Executive Branch can force them to.

    Desegregation was extremely unpopular among a certain group in society, and this same posturing was attempted then. But eventually, the ruling was enforced. In today's society, it seems an extreme stretch to think that history might repeat itself over this ruling, much less be taken any further. I suppose anything's possible, just seems highly unlikely.
    No one knows whether any state will ignore this ruling. But any state could ignore it if it chose to.

    Then the whole thing will blow over when sexual orientation is finally recognized as a civil right.
    That is as incoherent as any of Anthony Kennedy's gobbledygook. No one's sexual orientation is a "civil right," any more than his tastes in movies, or architecture, or food. And new constitutional rights do not leap into existence by spontaneous generation, whenever a few judges decide to wave their hands.
    Last edited by matchlight; 06-29-15 at 01:26 PM.

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by clownboy View Post
    Nice try, but no cigar for you. The constitution is not the ultimate authority anymore, the SCOTUS is. Your silly attempts to characterize me doesn't change what this has become. And you blindly refuse to recognize it. You would burn the constitution tomorrow if you thought that would get you what you want. Have your M&Ms now when you want them, and screw everyone else that comes after.
    Once again you are completely wrong. Do you even know how the Constitution works? Have you read it? Have you ever taken a Conlaw course? I suggest that you do.

    I have more respect for the Constitution than you will ever know. The bigots cried about the Constitution when civil rights were expanded for blacks...and the bigots are crying today. It is THEY who spit on the Constitution and the principles upon which is was founded.

    People of your ilk would love to do away with the Constitution and its guarantees to return to the days when only white landowners had rights in America.....well....sorry clownboy....but that isn't ever going to happen.

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    SCOTUS decision was democratic. It took public opinion and social welfare into account, in addition to the Constitution. This is a pattern. Read more at SCOTUS: The People’s Court | Sam Hillestad

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by Sykes View Post
    I asked my mom. She said you're wrong.
    Is this facetious?
    Horse sense is the thing a horse has which keeps it from betting on people. ~W.C. Fields

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by disneydude View Post
    Once again you are completely wrong. Do you even know how the Constitution works? Have you read it? Have you ever taken a Conlaw course? I suggest that you do.

    I have more respect for the Constitution than you will ever know. The bigots cried about the Constitution when civil rights were expanded for blacks...and the bigots are crying today. It is THEY who spit on the Constitution and the principles upon which is was founded.

    People of your ilk would love to do away with the Constitution and its guarantees to return to the days when only white landowners had rights in America.....well....sorry clownboy....but that isn't ever going to happen.
    Wasn't the Constitution originally intended to protect the white landowners and not the blacks?
    Horse sense is the thing a horse has which keeps it from betting on people. ~W.C. Fields

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by matchlight View Post
    Nothing in the Constitution makes the Supreme Court the final arbiter of what it means. That idea is purely the Court's own invention. Chief Justice Marshall asserted it generally in Marbury v. Madison, and much later the Court asserted it very plainly in a 1958 civil rights case. See Cooper v. Aaron, 358 U.S. 1, 18 (1958).



    If you are talking about what I wrote, it was not vague, and it was not just an assertion. It is obvious that the Supreme Court has no way to enforce its rulings, as Hamilton noted in Federalist No. 78:

    "The judiciary . . . can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."



    The people have the final say on everything in our system of government. In Lincoln's famous phrase, which he borrowed from John Wycliff, who had used it in referring to the Bible, we have a government "of the people, by the people, for the people." Although only one Supreme Court justice has ever been impeached, the very fact that remedy is available proves the Judicial Branch is as much a servant of the people as the other two brancjes.



    That depends on what action you are referring to. Justice Scalia pointed out that dictates like this one can have no effect unless either the states choose to give them one, or the Executive Branch can force them to.



    No one knows whether any state will ignore this ruling. But any state could ignore it if it chose to.



    That is as incoherent as any of Anthony Kennedy's gobbledygook. No one's sexual orientation is a "civil right," any more than his tastes in movies, or architecture, or food. And new constitutional rights do not leap into existence by spontaneous generation, whenever a few judges decide to wave their hands.
    Wish I could like this multiple times. Thank you.
    Roberts wrote: "If you are among the many Americans -- of whatever sexual orientation -- who favor expanding same-sex marriage, by all means celebrate today's decision. ... But do not celebrate the Constitution. It had nothing to do with it."

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by tres borrachos View Post
    Wasn't the Constitution originally intended to protect the white landowners and not the blacks?
    I don't think that that was actually the intent of the Constitution...no. In theory, it didn't protect blacks, but that was a reflection of the times, not the intent of the document.

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by Construct 13 View Post
    SCOTUS decision was democratic. It took public opinion and social welfare into account, in addition to the Constitution. This is a pattern. Read more at SCOTUS: The People’s Court | Sam Hillestad
    I don't know Sam. I'm thinking the Founding Fathers had a different idea about the role of the Supreme Court. Perhaps you could check into that.
    President Donald J Trump, 45th President of the United States of America. A victory born in the hearts and minds of Everyday Americans

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by disneydude View Post
    Once again you are completely wrong. Do you even know how the Constitution works? Have you read it? Have you ever taken a Conlaw course? I suggest that you do.

    I have more respect for the Constitution than you will ever know. The bigots cried about the Constitution when civil rights were expanded for blacks...and the bigots are crying today. It is THEY who spit on the Constitution and the principles upon which is was founded.

    People of your ilk would love to do away with the Constitution and its guarantees to return to the days when only white landowners had rights in America.....well....sorry clownboy....but that isn't ever going to happen.
    Another failed attempt at characterization. Your take on my education and constitutional knowledge is as weak as your supposed knowledge of the constitution. You have demonstrated zero respect for the constitution and clearly have no problem ignoring it in toto as long as your desires are slaked.

    That last bit of yours is highly hilarious considering you're the one taking the position that this decision is A-Okay despite the fact that the Chief of the Judicial Branch is telling you it is NOT consistent with the constitution at all.
    Roberts wrote: "If you are among the many Americans -- of whatever sexual orientation -- who favor expanding same-sex marriage, by all means celebrate today's decision. ... But do not celebrate the Constitution. It had nothing to do with it."

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    Re: Breaking: US S.Ct. Rules Same Sex Marriage Constitutionally Protected[W:320]

    Quote Originally Posted by Construct 13 View Post
    SCOTUS decision was democratic. It took public opinion and social welfare into account, in addition to the Constitution. This is a pattern. Read more at SCOTUS: The People’s Court | Sam Hillestad
    Not at all the court's grant of power.
    Roberts wrote: "If you are among the many Americans -- of whatever sexual orientation -- who favor expanding same-sex marriage, by all means celebrate today's decision. ... But do not celebrate the Constitution. It had nothing to do with it."

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