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Thread: Iowa Court says gay marriage ban unconstitutional

  1. #501
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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Navy Pride View Post
    Of course not but your sample is ridiculous........It would never happen.
    Not "would never", Navy, "could never". The scenarios DD is hypothesizing are impossible.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by celticlord View Post
    A 50% +1 vote cannot possibly affect the right of women to vote. Not in the United States of America.
    Sure it could. What makes you assume that it couldn't. If a Constitutional right can be taken away by a popular vote 50%+1 via Prop 8, what is to stop California voters, or other states from that matter, from passing laws that take away other Constitutional rights?
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Navy Pride View Post
    Of course not but your example is ridiculous........It would never happen.
    Why would you not support the "Will of the people" afterall Navy, if the majority of the voters vote in favor of something (even if it is 50%+1) why should not their voice be heard? After all this is how it is done in America, isn't it?

    Seems to me that you pick and choose what "Will of the people" you will support, depending upon whether you agree or disagree with the question.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    Sure there is. If a state is issuing contracts, they still have to comply with Constitutional safeguards. Suppose a state said it was only going to issue business licenses to Arab Americans. There is no fundamental right to a state issued business license...so are you suggesting that a black, white, asian etc wouldn't have an equal protection claim against the state in such a case? That would be a ridiculous argument to make.
    Under the 10th amendment, the regulation of intrastate commerce is delegated to the states. The states actually do discriminate in the issuance of business licenses, just not along those lines. The right to engage in business could be argued to be an unspecified right under the ninth amendment. The state would need to show a [/b]compelling interest[/b](not just "legitimate") in violating that right.

    [ame]http://en.wikipedia.org/wiki/Strict_scrutiny[/ame]

    Here's a good example for you. I can't collect welfare because I'm don't meet the qualifications. As a citizen of my state, I am entitled to the privilege of collecting welfare handouts. I should sue.
    Last edited by BulletWounD; 04-07-09 at 04:24 PM.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    If a Constitutional right can be taken away by a popular vote 50%+1 via Prop 8
    please explain this part, disneydude.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by emdash View Post
    please explain this part, disneydude.
    He s talking about the Tyranny of the Majority. But I think you already knew that

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by disneydude View Post
    Sure it could. What makes you assume that it couldn't. If a Constitutional right can be taken away by a popular vote 50%+1 via Prop 8, what is to stop California voters, or other states from that matter, from passing laws that take away other Constitutional rights?
    Sure it could not.

    First, let's clarify which Consitution about which we are talking. The standard of "Equal Protection," while found in state constitutions, is generally a reference to the 14th Amendment of the United States Constitution. Article V of said Constitution lays out a clear structure for amending itself--which would be required to establish and/or articulate a specifc new constitutional right. In no part of that process could a 50% +1 popular vote suffice. Further, the right of women to vote is guaranteed by the 19th Amendment of that Constitution, which guarantee necessarily supersedes any contradictory clause in any state Constitution by virtue of the 14th Amendment.

    The Iowa Constitution--which also has an equal protections statement--is Amended by the legislature approving a bill for said amendment, which must then be sustained by a second vote in a subsequent general session of the legislature, after which it is put to the people for a vote. Thus a simple majority of both two sessions of the legislature as well as of the electorate is required to amend the Constitution. Again, a 50% +1 majority vote of the people is itself insufficient to amend; the legislature must ratify twice first.

    The California constitution is one of the few where voters may put amendments on the ballot and pass amendments on a straight majority basis. However, even the California procedure cannot supersede the requirements of the United States Constitution, and so again, a 50% +1 plebiscite could not take away a woman's right to vote.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by winston53660 View Post
    He s talking about the Tyranny of the Majority. But I think you already knew that
    I should have been more specific. I want him to explain the constitutional part. no need to be snide, winston.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by Jerry View Post
    Neither can 2 related people. You're point?
    I guess that my point is that you are muddling a perfectly simple issue...
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

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    Re: Iowa Court says gay marriage ban unconstitutional

    Quote Originally Posted by emdash View Post
    uh oh, do we need to talk about gender discrimination again?
    We never finalised that, and I am not sure that I agree with your position as it is.
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.
    Quote Originally Posted by OldFatGuy View Post
    Usually a gag for wise mouthed insulting little girls. Then some good nylon rope so I can tie them up, toss them in the trunk of my car and forget about them.

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