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To: Hostage
Plessy v. Ferguson was not argued as a Tenth Amendment issue. Ferguson argued that the "separate but equal" provisions of the Louisiana law in question as satisfying the equal protection requirements of Amendments XIII and XIV. They never argued (nor should they) that Amendment X trumped Amendment XIV.

The Constitution itself delegates the authority to amend. And that authority was granted to the states through their legislatures. The state of Louisiana ratified the Fourteenth Amendment in 1868, and by doing so acknowledged a power granted to the Federal government by the Constitution itself.

141 posted on 10/06/2014 1:56:27 PM PDT by Hoodat (Article 4, Section 4)
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To: Hoodat

> “Plessy v. Ferguson was not argued as a Tenth Amendment issue”

You’re wrong on that. It was argued from the state side as a 10th Amendment issue.

“Arguments in favor of the Separate Car Act: The act does not violate the 13th Amendment; that amendment was created to end slavery and forced servitude, and courts in the past have recognized that separate accommodations do not amount to either. Also, since the act applies equally to blacks and to whites, and requires equal accommodations for both, it is not discriminatory and does not violate the 14th Amendment. The Separate Car Act is a reasonable and justified exercise of Louisiana police power—***granted through the 10th Amendment to the Constitution***—to ensure security and social order.”

http://ethanlewis.org/history/downloads/plessy.pdf

Your original post implied a Marriage Amendment would not hold up in the same manner as Tenth Amendment cases ostensibly as an attempt to discourage or to buttress wishful thinking into your homosexual ring.

By discussing 14th Amendment concerns you show that you equate homosexual rights with civil rights of blacks. This is the tactic used by the Left but which is rejected by blacks themselves.

The fact is that seeking protection under the 14th Amendment is a ploy by homosexual fascists to fold themselves in with the long struggle by Black Americans. And Black Americans are not welcoming them to do so. In fact Black Americans have explicitly and aggressively expressed that homosexuals are NOT welcome to seek cover under amendments that were results of their long struggle. Homosexuals never experienced what Black Americans experienced.


142 posted on 10/06/2014 2:23:37 PM PDT by Hostage (ARTICLE V)
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