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 Posted: Fri Nov 07, 2008 10:50 am
LadyBanhammer @Fiddler: What if the amendment contradicts another part of the constitution? What, like the 18th Amendment and the 21st Amendment? ninja
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Posted: Fri Nov 07, 2008 11:55 am
EDIT: Now I'm doing my essay on Environmental Ethics and Religion only. Zipping around the university library was gave me more than enough resources for me to argue my case.
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Posted: Fri Nov 07, 2008 1:33 pm
Fiddlers Green Also, for clarification, an amendment cannot be ruled unconstitutional to the constitution it amends. By it's very nature it is now the constitution, revising the previous document. Now, if it is in violation of a higher charter that is different. XP yes, the amendment now becomes a part of the constitution of the state. i'm hoping that the federal supreme court deems it against the constitution of the United States (not likely until DOMA is overturned), as they themselves have stated, in regards to interracial marriages, "Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival....", calling it a "fundamental freedom" (Loving v. Virginia, cite). it will be an uphill battle, but i think that at some point, the US will pass an amendment that overturns DOMA and counters all state laws limiting marriage based on gender/sex.
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Posted: Fri Nov 07, 2008 1:43 pm
@The Indubitable Katie-Kat: Pretty much. But really, what do they do when that happens? Just leave it all contradictory? O_o
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Posted: Fri Nov 07, 2008 1:45 pm
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Posted: Fri Nov 07, 2008 3:22 pm
saint dreya Fiddlers Green Also, for clarification, an amendment cannot be ruled unconstitutional to the constitution it amends. By it's very nature it is now the constitution, revising the previous document. Now, if it is in violation of a higher charter that is different. XP yes, the amendment now becomes a part of the constitution of the state. i'm hoping that the federal supreme court deems it against the constitution of the United States (not likely until DOMA is overturned), as they themselves have stated, in regards to interracial marriages, "Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival....", calling it a "fundamental freedom" (Loving v. Virginia, cite). it will be an uphill battle, but i think that at some point, the US will pass an amendment that overturns DOMA and counters all state laws limiting marriage based on gender/sex. Oh god, DOMA, snarl. FULL FAITH AND CREDIT, YOU BASTARDS.
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Posted: Fri Nov 07, 2008 3:51 pm
As the Amending process works, an amendment may contradict any part of the constitution it is amending. In fact, that is one of the purposes of making amendments. As much as I hate the specifics of this, it is what it is.
The California Supreme court already ruled on whether it was acceptable for prop 8 to be voted on, it was taken before the SC of C before the ballotting, they upheld it then, they may change their tune now, but it would look very suspect, and give proponents of 8 strong grounds for complaint.
I personally despise marriage as a legal institution, and whole-heartedly support my suggestion of removal of secular mucking marriage, and revision of the civil unions as they exist... I mean, all of the groups claiming not to be hate mongers say that civil unions are just as good as marriage anyway, on a legal side. This requires no real alteration except naming conventions, grandfather all of the pre-existing marriages as unions, and there you have it.
As far as Full Faith and Credit... let's not delude ourselves, that hasn't worked since Slavery was the political question of the day. But then again, most of the Constitution has been merrily trampled... Especially Article 1 Section 9... but who really cares about that... not to mention the Tenth Amendment... The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I should talk about something less inflammatory... how about religion?
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Posted: Fri Nov 07, 2008 4:11 pm
Fiddlers Green I should talk about something less inflammatory... how about religion? *snuggles, offers lolly* Yeah. How 'bout all them uh, gods?
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Posted: Fri Nov 07, 2008 4:33 pm
~huggles~
Well, some of them are right jerks, others are pretty nice.
It's funny when they get in squabbles, except the massive body count. wink
Yummy Lollipops. surprised
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Posted: Fri Nov 07, 2008 4:36 pm
I think birds must like me today. sweatdrop I went for a walk out in the natural area near campus and saw a hawk perched on a tree in the middle of a pond. He even held still to let me snap a few pictures of him with my cell phone. Then, this great blue heron decided to take off and do a brief circuit of the nearby field and flew right over me (I swear, those guys sound just like I imagine a pterodactyl would sound). While I was walking back to the dorms, a crow swooped right over my head and landed on the path I was going to take.
I'm sure that somewhere, these sort of things would be considered signs or omens of something, but darned if I have any clue what of.
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Posted: Fri Nov 07, 2008 4:42 pm
That's very fortuitous Mute Coyote.
Or rather, it can be.
Regardless, it was good to see, ja? surprised
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Posted: Fri Nov 07, 2008 6:24 pm
@Fiddler: I actually don't like marriage being a legal thing myself... >.>
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Posted: Sat Nov 08, 2008 9:45 am
I'm married, but obviously it's not legally recognized. Life would be a helluva lot easier if it was. My wife is losing her health insurance because HP is no longer providing coverage for domestic partnerships -- that are of opposite sex pairs. Heh. I don't have health insurance at all -- I'm a self-employed college student who can barely afford bus fare, let alone private insurance.
Beyond the health insurance the scariest thing for me is if one of us got seriously injured or ill and "only family" will have a right to make decisions or even visit. I have nightmares about that.
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Posted: Sat Nov 08, 2008 1:05 pm
MoonJeli I'm married, but obviously it's not legally recognized. Life would be a helluva lot easier if it was. My wife is losing her health insurance because HP is no longer providing coverage for domestic partnerships -- that are of opposite sex pairs. Heh. I don't have health insurance at all -- I'm a self-employed college student who can barely afford bus fare, let alone private insurance. Beyond the health insurance the scariest thing for me is if one of us got seriously injured or ill and "only family" will have a right to make decisions or even visit. I have nightmares about that. more money, i know, but try getting a Power of Attorney (POA). further, if you've got specific wishes about certain things (such as a DNR), get them written down, notarized, and see if you can't research a little further. thankfully, how the US has been set up, there are more ways than one to get somethings done, xp
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Posted: Sat Nov 08, 2008 4:58 pm
@LadyBanhammer
I agree wholeheartedly. 3nodding
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