Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: oceanview

So then how long would it take until this amendment got tossed too?

I don't think this is for the Federal Government to legislate on....


407 posted on 07/14/2004 5:01:37 PM PDT by MikefromOhio (Kerry renames the US The People's Republic of America)
[ Post Reply | Private Reply | To 404 | View Replies ]


To: MikeinIraq
So then how long would it take until this amendment got tossed too?

If you mean "tossed" by the courts, that's impossible. The courts cannot declare the Constitution unconstitutional.

[Though I wouldn't put it behind Sandra Day O'Conner to try.]

408 posted on 07/14/2004 5:04:48 PM PDT by Gelato
[ Post Reply | Private Reply | To 407 | View Replies ]

To: MikeinIraq

the SCOTUS can't toss a constitutional amendment out.


410 posted on 07/14/2004 5:12:24 PM PDT by oceanview
[ Post Reply | Private Reply | To 407 | View Replies ]

To: MikeinIraq
I don't think this is for the Federal Government to legislate on....

Normally, in personal family matters, that should be true. However, through the Full Faith and Credit Clause of the Constitution, the courts will impose one definition of marriage on all the states. There is no way around it.

As a practical matter, it wouldn't work to have one state with homosexual marriage, another with child marriage, and another with legalized polygamy. Remember, Utah was required to step in line with the national understanding of marriage before it was allowed statehood in 1894.

The idea behind the Federal Marriage Amendment is to allow the people, not the courts, to decide what constitutes marriage.

Note that constitutional amendments aren't federal legislation; they require approval from both the Congress and the states. They are therefore a good compromise.

416 posted on 07/14/2004 5:20:41 PM PDT by Gelato
[ Post Reply | Private Reply | To 407 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson