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

To: Norm Lenhart; nickcarraway
The Const. is clear whether its gay ‘rights’ marriage or goldfish sales. If the Constitution doesn’t cover the topic, it’s up to the states to legislate or not at their discretion.

Exactly. The Constitution is intended to delineate what the government can do. When it is silent on a topic the Government has no authority. I would go so far as to say where an amendment restricts or abridges an individual right it would be contrary to the Constitution. The 9th&10th amendments seem to clarify and restrict the scope for all of the Constitution, past and future.

But the overturning of proposition 8 in California is probably a bellwether. A government-defined institution of marriage is going to be subject to the premise of equal protection and to limits of government powers and authorities.

47 posted on 06/12/2015 3:24:36 AM PDT by no-s (when democracy is displaced by tyranny, the armed citizen still gets to vote>)
[ Post Reply | Private Reply | To 32 | View Replies ]


To: no-s

Probably will be. But helping further that log down the flue is something we shouldn’t do in any way possible. It would still blow if the states adopted gay whatever freely. But it would at least be constitutional.


52 posted on 06/12/2015 3:47:39 AM PDT by Norm Lenhart
[ Post Reply | Private Reply | To 47 | 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