Political Forums  

Go Back   Political Forums > Politics
Register FAQ Community Calendar Today's Posts Search

We appreciate your help

in keeping this site going.
Reply
 
Thread Tools Display Modes
  #101  
Old 08-06-2010, 02:17 PM
finnbow's Avatar
finnbow finnbow is offline
Reformed Know-Nothing
 
Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,909
Quote:
Originally Posted by piece-itpete View Post
Suddenly, it's unconstitutional. Why? Because a judge thinks so?
Yes. That's the system of jurisprudence laid out by the constitution, the supreme law of the land. BTW, this isn't the first case in which a law has been declared unconstitutional (nor the last).

This will inevitably be appealed all the way to the SCOTUS. The pro-Prop 8 folks didn't do themselves any favors with their lame arguments in the CA court. We shall see.

Aren't you the same guy who is hoping to see Obamacare ruled unconstitutional by the courts?
__________________
As long as the roots are not severed, all will be well in the garden.

Last edited by finnbow; 08-06-2010 at 02:19 PM.
Reply With Quote
  #102  
Old 08-06-2010, 02:20 PM
Boreas's Avatar
Boreas Boreas is offline
Senior Member
 
Join Date: Nov 2009
Location: Sonoma County, CA
Posts: 20,496
Quote:
Originally Posted by piece-itpete View Post
Suddenly, it's unconstitutional. Why? Because a judge thinks so - now.
That's his job.

Quote:
Apparently changing the long understood meaning of words is in the perview of the Judiciary.
Dictionaries aren't law books.

Quote:
Just think of all the good this will result in.
And the harm? And what about the harm to gay and lesbian people if the status quo prevails?

We can take the argument even farther. If Prop 8's supporters prevail on appeal we have set a precedent for the denial of rights to the next group which incurs the wrath of organized religion or just a majority of the Mama Grizzlies and Joe the Plumbers in this great land of ours.

John
__________________
Smoke me a kipper. I'll be back for breakfast.
Reply With Quote
  #103  
Old 08-06-2010, 02:24 PM
d-ray657's Avatar
d-ray657 d-ray657 is offline
Loyal Opposition
 
Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
Quote:
Originally Posted by finnbow View Post
Yes. That's the system of jurisprudence laid out by the constitution, the supreme law of the land. BTW, this isn't the first case in which a law has been declared unconstitutional (nor the last).

This will inevitably be appealed all the way to the SCOTUS. The pro-Prop 8 folks didn't do themselves any favors with their lame arguments in the CA court. We shall see.
Perhaps it's because any justification for the law is lame.

Pete, it's not just one judge. It's the judiciary. That includes the appellate courts and SCOTUS. If you are in any situation where your rights are violated, say a warrantless invasion into your home, it will initially be one judge who determines whether you are entitled to any remedy.

Regards,

D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
Reply With Quote
  #104  
Old 08-06-2010, 02:51 PM
Charles Charles is offline
Senior Member
 
Join Date: May 2009
Posts: 10,348
Quote:
Originally Posted by Boreas View Post
That's his job.



Dictionaries aren't law books.



And the harm? And what about the harm to gay and lesbian people if the status quo prevails?

We can take the argument even farther. If Prop 8's supporters prevail on appeal we have set a precedent for the denial of rights to the next group which incurs the wrath of organized religion or just a majority of the Mama Grizzlies and Joe the Plumbers in this great land of ours.

John
Easy there, Boras...I got me one of them plumber's licenses!!!

Chas
Reply With Quote
  #105  
Old 08-06-2010, 02:58 PM
Boreas's Avatar
Boreas Boreas is offline
Senior Member
 
Join Date: Nov 2009
Location: Sonoma County, CA
Posts: 20,496
Quote:
Originally Posted by Charles View Post
Easy there, Boras...I got me one of them plumber's licenses!!!

Chas
I knew it! I just knew it!

John
__________________
Smoke me a kipper. I'll be back for breakfast.
Reply With Quote
  #106  
Old 08-06-2010, 03:01 PM
piece-itpete's Avatar
piece-itpete piece-itpete is offline
Possibly admin. Maybe ;)
 
Join Date: Sep 2009
Location: Land of the burning river
Posts: 21,098
Quote:
Originally Posted by d-ray657 View Post
..... If you are in any situation where your rights are violated, say a warrantless invasion into your home, it will initially be one judge who determines whether you are entitled to any remedy.

Regards,

D-Ray
Again that is CLEARLY spelled out. Any ambiguity and it is supposed to go to the final arbitrators - the people.

If the people agree, I will be like Socrates and drink the poison

This stinks like a power grab.

Pete
__________________
“How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn't make it a leg.”
Reply With Quote
  #107  
Old 08-06-2010, 03:11 PM
finnbow's Avatar
finnbow finnbow is offline
Reformed Know-Nothing
 
Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,909
Quote:
Originally Posted by piece-itpete View Post
Again that is CLEARLY spelled out.
Hmmm. The prohibition against warrantless searches didn't seem all that clear to Dubya/Cheney and their minions.

Quote:
This stinks like a power grab.
Who is gaining and losing power here? It has nothing whatsover to do with power.

A simple way to look at it without all the legal mumbo jumbo is that hundreds of thousands of your fellow citizens have been made happier in their daily lives by this ruling and nobody else had to give up anything to bequeath this happiness to them. What's not to like?
__________________
As long as the roots are not severed, all will be well in the garden.
Reply With Quote
  #108  
Old 08-06-2010, 03:20 PM
d-ray657's Avatar
d-ray657 d-ray657 is offline
Loyal Opposition
 
Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
Quote:
Originally Posted by finnbow View Post
Hmmm. The prohibition against warrantless searches didn't seem all that clear to Dubya/Cheney and their minions.



Who is gaining and losing power here? It has nothing whatsover to do with power.

A simple way to look at it without all the legal mumbo jumbo is that hundreds of thousands of your fellow citizens have been made happier in their daily lives by this ruling and nobody else had to give up anything to bequeath this happiness to them. What's not to like?
Well said, Finn.

For some, however, it is painful to give up prejudices.

Regards,

D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
Reply With Quote
  #109  
Old 08-06-2010, 03:26 PM
d-ray657's Avatar
d-ray657 d-ray657 is offline
Loyal Opposition
 
Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
Quote:
Originally Posted by piece-itpete View Post
Again that is CLEARLY spelled out. Any ambiguity and it is supposed to go to the final arbitrators - the people.

If the people agree, I will be like Socrates and drink the poison

This stinks like a power grab.

Pete
Do you mean every time there is a need for interpretation, or an open question of law, the litigants need a referendum to resolve their dispute? You completely ignore the function fulfilled by one branch of the government.

By the way, what is ambiguous about equal protection of the law?

Regards,

D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
Reply With Quote
  #110  
Old 08-06-2010, 03:42 PM
Charles Charles is offline
Senior Member
 
Join Date: May 2009
Posts: 10,348
Quote:
Originally Posted by Boreas View Post
I knew it! I just knew it!

John
I guess I'm a step up on Joe...he ain't got a license!!!

Chas
Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 11:46 AM.



Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.