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Scalia says woman's rights not guaranteed.

Discussion in 'Political Debate & Discussion' started by billwald, Jan 4, 2011.

  1. billwald

    billwald New Member

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  2. David Lamb

    David Lamb Active Member

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    All? I don't know how happy clams are meant to be, but the link didn't make me particularly happy (or sad, come to that) because the 14th Amendment isn't in force here. :laugh:
     
  3. SpiritualMadMan

    SpiritualMadMan New Member

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    David, you're lucky!

    That you don't have to figure out those oblique and obtuse slams in the original post...

    The only thing feminism has done is to relegate women to being just another worker instead of cherished partners for whom we "Gentlemen" open doors for and protect as if their worth is far above rubies.

    In short, real Gentlemen don't need any 14th amendment to treat women properly and fairly...

    And, on amount of "Law" can make a gentleman out of an oaf!
     
  4. David Lamb

    David Lamb Active Member

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    SMM, I agree with your sentiments about real Gentlemen not needing a 14th Amendment to treat women properly and fairly, and agree, too, that laws cannot make oafs into gentlemen.
     
  5. NaasPreacher (C4K)

    NaasPreacher (C4K) Well-Known Member

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    While I haven't a clue about why this concept has anything to do with happiness I can understand Scalia's thoughts.

    The 20th Amendment only guaranteed women the right to vote. Since gender was not specifically mentioned in the 14th amendment I guess it could be interpreted that women are not technically covered by it.

    This would be a simple Supreme Court ruling to sort it out though.
     
  6. rbell

    rbell Active Member

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    The link carries one to an absolute pile of drivel.
     
  7. targus

    targus New Member

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    Consider the source of this thread.

    Nuff said. :laugh:
     
  8. Scarlett O.

    Scarlett O. Moderator
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    Well, I was happier than a clam (as DL said, it's hard to define a clam's joys) before I read the piece and came away with my happiness intact.

    I found the author of the article a little biased. And I found myself agreeing, for the most part, with Justice Scalia.

    I suppose that the part of the amendment in question was section 1.

    It's the "equal protection" part that's debatable. Surely everyone understands that this amendment was to ensure that slaves were now citizens and that the old "3/5's" counting principle abolished (in section 2).

    I truly don't see any protection based on gender here. What my reading comprehension is telling me is that this is protecting the equal treatment under the law of all Americans based on their citizenship - not their gender or any other specified characteristic.

    I found the author of the piece to be a little miffed at Scalia's response and because he couldn't refute the opinion, he criticized the politics of the man and conservatives in general.

    Scalia was right. If certain groups need a special protection from something that is peculiar to their individual group, then that's what the state legislatures are for. For example, I know that many here do not understand when I say that I, to a certain and small degree, embrace feminism. There isn't a man on this planet that I hate, envy, despise, or want to be. I'm happy with being female. I appreciate doors being opened for me. I appreciate gentlemanly behavior. I have people here who don't talk to me anymore because I use "Ms." in front of my name and that's OK - don't sweat it. I don't. But let me give you an example of what I believe is what Scalia is talking about.

    Today, all 50 states, to a large extent, have abolished the Marital Rape Exemption laws. That's a good thing. But each individual state had to take those awful laws off of their own books. It didn't start until 1976 and wasn't completely removed from all state laws until a few years ago. 30 years. It took 30 years for all 50 states and the District of Columbia to do this. It would have been nice if we had a one time Constitutional amendment that abolished these laws that exempted sexually abusive husbands from being charged with a criminal act and abolished those laws in one fell swoop instead of 30 years, but if we were to have a Constitutional amendment for every single law that encompasses the law books of every single state, then the Constitution would be the size of a small truck and would be, in my opinion, impotent due to its effectiveness being lost in its sheer enormity and impossibility to understand.

    Besides - state laws change fairly regularly. The Constitution, as should be, not so much.

    Scalia is right.
     
  9. billwald

    billwald New Member

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    It is a Pacific North West tradition that clams are happy.
     
  10. targus

    targus New Member

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    While hiding down in the briar patch - taking pot shots at everyone else that is willing to take a risk?
     
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