When the Constitution is silent

Discussion in 'News / Current Events' started by Crabtownboy, Jun 27, 2013.

  1. Crabtownboy

    Crabtownboy
    Expand Collapse
    Well-Known Member

    Joined:
    Feb 12, 2008
    Messages:
    16,653
    Likes Received:
    158
    Oliver Wendell Holmes, when he was a justice on he Supreme Court said,
    My question is where in the Constitution is there any words on marriage?
     
  2. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,130
    Likes Received:
    221
    I guess it doesn't -
    So with that thinking - why do I need drivers license?

    Should the Federal Communications Commission (to control radio and TV) be allowed to exist - the Constitution says nothing about that.....
     
  3. Crabtownboy

    Crabtownboy
    Expand Collapse
    Well-Known Member

    Joined:
    Feb 12, 2008
    Messages:
    16,653
    Likes Received:
    158
    I guess because your state says you have to have a license and no court has declared that illegal.

    And no court has declared it illegal.

    As long as no one challenges a law and the Supreme Court does not rule, or never has a chance to rule on that law, it remains law.

     
  4. Alcott

    Alcott
    Expand Collapse
    Well-Known Member

    Joined:
    Dec 17, 2002
    Messages:
    7,457
    Likes Received:
    93
    So was it illegal, then, that when Utah applied for statehood, Congress refused unless the state made polygamy illegal? There is nothing in the constitution about marriage-- as you said.
     
  5. JohnDeereFan

    JohnDeereFan
    Expand Collapse
    Active Member

    Joined:
    Mar 26, 2009
    Messages:
    4,628
    Likes Received:
    11
    The problem is that because marriage isn't mentioned in the Constitution, that means it goes to the 9th and 10th Amendments, which say that, where something is not enumerated in the Constitution, it becomes the responsibility of the states.

    In other words, because it isn't in the Constitution, it should be up to the states and the federal government should stay out of it.
     
  6. thisnumbersdisconnected

    thisnumbersdisconnected
    Expand Collapse
    New Member

    Joined:
    Apr 11, 2013
    Messages:
    8,448
    Likes Received:
    0
    In 44 states, the voters have, through referendum negating or by exercising silence on, the issue of approving gay marriage, they have spoken against gay marriage. The Constitution isn't the law of the land. It is the structure by which the law of the land is written.
     
  7. Bob Alkire

    Bob Alkire
    Expand Collapse
    New Member

    Joined:
    Mar 23, 2001
    Messages:
    3,134
    Likes Received:
    0
    I believe that is what Robert Bork said and Ted Kennedy said Bork scared him to death or something along that line. I believe that was on abortion.
     
  8. just-want-peace

    just-want-peace
    Expand Collapse
    Well-Known Member

    Joined:
    Feb 3, 2002
    Messages:
    5,505
    Likes Received:
    40
    Ole Honest Abe made sure that the concept of "individual" states was a belief on the wane, and the liberals have made sure that the modern idea of STATE'S RIGHTS is diminished at every crossroad!!!:BangHead:

    MARANATHA
     
  9. church mouse guy

    church mouse guy
    Expand Collapse
    Well-Known Member

    Joined:
    May 23, 2002
    Messages:
    10,988
    Likes Received:
    79
    Thank you! Those who favor same-sex marriage ignore that point about Utah, and I have read that that law (Edmunds Tucker) was repealed in 1978, although I am not sure if that is correct.

    It seems to me that the Supreme Court has implied that the people of California cannot make their own law if the Supreme Court does not like that law no matter what the constitution says. Why should residents of 12 states get a federal benefit that residents of 30 states are not allowed to have?

    The Supreme Court is corrupt because it is a political tool not a legal tool.
     
  10. Aaron

    Aaron
    Expand Collapse
    Member

    Joined:
    Sep 4, 2000
    Messages:
    15,680
    Likes Received:
    241
    :thumbs:

    But even without those amendments, it needs to be understood that the Constituion is not an enumeration of rights. It is an enumeration of powers. IOW, unless a power is stated in the document, the feds don't have it.

    Even without the Bill of Rights, the feds have no authority to make a law respecting religion, or the press, or speech, or gun ownership, because the document doesn't say explicitly that the feds may do so.

    In the last few decades especially, the feds have been usurping their authority and have acted as no more than despots and tyrants.

    Beware of CBT and our other resident Marxist Socialists as they pretend to honor the Constitution while they adulterate and corrupt it.
     
  11. abcgrad94

    abcgrad94
    Expand Collapse
    Active Member

    Joined:
    Jan 12, 2007
    Messages:
    5,533
    Likes Received:
    0
    Crabtownboy, are you a Marxist Socialist or is this just another personal attack?
     
  12. Bro. Curtis

    Bro. Curtis
    Expand Collapse
    <img src =/curtis.gif>

    Joined:
    Oct 25, 2001
    Messages:
    20,264
    Likes Received:
    4
    Amen to that.
     
  13. thisnumbersdisconnected

    thisnumbersdisconnected
    Expand Collapse
    New Member

    Joined:
    Apr 11, 2013
    Messages:
    8,448
    Likes Received:
    0
    :smilewinkgrin:

    When I first read this in the quote Bro. Curtis posted, I thought, "What's wrong with Cognitive Behavioral Therapy? It's biblically based!"

    Then, of course, I realized that's not what you were talking about. D'oh!

    Fifteen years ago, before I became convinced God was calling me to addictions counseling, it wouldn't have occurred to me to think of your abbreviation as anything but referencing Crabby ... er, Crabtownboy. Funny how things change once your perspective changes.

    [/thread derail]
     
  14. poncho

    poncho
    Expand Collapse
    Banned

    Joined:
    Mar 30, 2004
    Messages:
    19,657
    Likes Received:
    128
    What they've done is "collectivized" the law against the individual it was designed to protect. The collectivist mind just cannot comprehend the idea of an individual being born with inalienable rights anymore than it can comprehend that violating and restricting the individual's inalienable rights for the greater good always ends up with the collectivists themselves losing all their government granted rights too.

    Evidently the collectivist mind cannot comprehend the clear lessons of history.
     
    #14 poncho, Jun 28, 2013
    Last edited by a moderator: Jun 28, 2013
  15. Dennis324

    Dennis324
    Expand Collapse
    Member

    Joined:
    Jan 15, 2013
    Messages:
    146
    Likes Received:
    0
    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

    A General Welfare clause is a section that appeared in the Constitution, which provides that the governing body empowered by the document may enact laws to promote the general welfare of the people, sometimes worded as the public welfare.

    The Congress is empowered to act under these circumstances. But a lot of people don't think of the preamble when claiming the Constitution says nothing about this or that.

    And if its up to the states (rather than the Congress) to decide, then why did the Supreme Court shoot down Prop 8? The people of California exercised their will, but the courts slammed the door shut on them.
     
    #15 Dennis324, Jun 29, 2013
    Last edited by a moderator: Jun 29, 2013
  16. Aaron

    Aaron
    Expand Collapse
    Member

    Joined:
    Sep 4, 2000
    Messages:
    15,680
    Likes Received:
    241
    The preamble is not an article of the Constitution. It neither enumerates nor bestows a power.

    Where'd you go to school?
     
    #16 Aaron, Jun 30, 2013
    Last edited by a moderator: Jun 30, 2013
  17. Dennis324

    Dennis324
    Expand Collapse
    Member

    Joined:
    Jan 15, 2013
    Messages:
    146
    Likes Received:
    0
    What kind of smart aleck remark is that? The OP never asked anything about an article.
     
    #17 Dennis324, Jul 2, 2013
    Last edited by a moderator: Jul 2, 2013

Share This Page

Loading...