[tpaine]

Clint N. Suhks:
"it's taken power from the state"


And therein lies the problem.
1,220 -CC-


Nope, no problem.. The states have never had the power to prohibit such activities, under our constitution.

Took a long time to establish this principle, but here we are.

[Cathryn Crawford]

Took a long time to establish this principle, but here we are.

Are you saying that it's right??

[El Gato]

The states have never had the power to prohibit such activities, under our constitution.

Under the 10th amendment, the states retain whatever powers they had and are not explicitly forbidden to exercise. Where are they explicitly forbidden to exercise the power to proscribe certain types of sexual conduct? Since you said never, you must refrain from pointing to the 14th amendment, since that wasn't passed until after the civil war. However I don't think even the 14th amendment prevents them from passing such laws. That doesn't mean I necessarily think such laws are a good idea, Justice Thomas doesn't think so either and in general I tend to agree, mainly on enforceability grounds.