Bullypulpit
Senior Member
- Thread starter
- #21
gop_jeff said:1. Then why did Congress then pass the DOMA, which specifically says that same-sex marriages in one state do not have to be recognized in other states? And why are business licenses and concealed (weapons) carry permits issued in one state not automatically recognized in all other states?
2. The Preamble has never been recognized as legally binding. While it lays out the purpose of the Constitution, it is not used by legal scholars or judges as legal justification of any particular law or regulation.
Because it was a popular wedge issue that was voted on as a matter of political expediency and not whether it was right or wrong. Also, why then should states recognize each others drivers licenses? It'd be a nifty way to control the movement of the population.
The preamble embodies the spirit of the Constitution, and perhaps it should be used as such.