[goldstategop]

We need a constitutional amendment precisely on account of judicial activism. All takes to declare the DOMA unconstitutional is ONE federal judge. What the FMA does is it leaves the decision about whether or not to allow civil unions in the hands of elected officials. That used to be considered the democratic thing to do.

[lugsoul]

Your argument could be used to support making EVERY piece of legislation passed by Congress a Constitutional amendment. Because all it would take to strike any statute down is one Federal judge. Until appeals, that is.

Of course, no Federal judge has done it with DOMA yet.

Why not make the prescription drug benefit a constitutional amendment? After all, some judge somewhere may strike it down.

[lugsoul]

Hmmm... Why not make CFR a Constitutional amendment? Some judge might strike that down at some point in the future.