States have obligation to ignore SCOTUS ruling on SSM

[Faun]

Once again judges are repealing laws and they can't do that. The very first words of the federal constitution after the preamble are "all legislative powers herein granted shall be vested in a congress of the united states."

Federal judges are not allowed to write, rewrite, or repeal laws. Those are legislative powers.

The Federal judiciary has authority over all cases that arise under the constitution. This one arose under the constitution.

Really? I realize you are talking about the catch all 14th amendment but even that is hardly the case when marriage was always afforded to all as traditionally defined. What the SCOTUS had to do is change both tradition, which is impossible to do, and the definition of marriage which is what they did do. None of which is under the COTUS.

Nonesense. The whole reason marriage is a fundamental right is because marrying the person you love is essential towards the pursuit of happiness. Gays were denied that right.

Why would you deny anyone that right? What the fuck is wrong with you?

 

[nitroz]

They didn't make a law. They interpreted a law through a ruling.
Turns out that law says that banning equal rights is UNCONSTITUTIONAL.

They can rightfully uphold this and sue everyone that denies these rights to anyone. Even the individuals can sue.


Learn the difference, dum dum.

 

[frigidweirdo]

You'd expect people who are commenting on Constitutional law to at least have some idea of what the three branches of government are all about.

Congress can make laws. However the Supreme Court can declare any law unconstitutional. This isn't the SC making laws, this is them protecting the constitution. It's called separation of powers, in case some people haven't heard about this.

So the SC taking down laws because they have said they are unconstitutional is perfectly within the judicial power. Congress can simply make another law which is constitutional.

 

[ShootSpeeders]

Nonesense. The whole reason marriage is a fundamental right is because marrying the person you love is essential towards the pursuit of happiness. Gays were denied that right.

Marriage is a fundamental right? Where does the constitution say that?

 

[ShootSpeeders]

Congress can make laws. However the Supreme Court can declare any law unconstitutional. ..

Yes - The constitution gives congress power to write laws. Now where does it give the scotus power to nullify them?

 

[ShootSpeeders]

They didn't make a law. They interpreted a law through a ruling.
Turns out that law says that banning equal rights is UNCONSTITUTIONAL.

.

HAHAHA. That's what liberals always say. When the court writes or rewrites a law, they call it an "interpretation". That's BS and states need to say so.

 

[frigidweirdo]

Congress can make laws. However the Supreme Court can declare any law unconstitutional. ..

Yes - The constitution gives congress power to write laws. Now where does it give the scotus power to nullify them?

Judicial power. What do you think this means exactly? By the sounds of it, you think they don't do anything.

The Constitution is actually really vague about what it means.

Article 3 of the US Constitution: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Basically this means the SC has the final say over the interpretation of what the US Constitution means.

So, if the US Federal Govt makes a law, it has to stand up to the interpretation of the Supreme Court, otherwise it is declared unconstitutional.

This doesn't mean the SC has made legislative law. It means it has taken part in the checks and balances. It has used judicial power to say that the legislature is wrong, and they need to change things because they're wrong.



It's like saying the President, when he signs acts into power, or doesn't, that he's acting on legislative power. No, he's using his executive function and function as one of the three bodies within a checks and balance system.

 

[Faun]

Nonesense. The whole reason marriage is a fundamental right is because marrying the person you love is essential towards the pursuit of happiness. Gays were denied that right.

Marriage is a fundamental right? Where does the constitution say that?

The Constitution doesn't say you have a right to breathe either, yet you do.

 

[Faun]

They didn't make a law. They interpreted a law through a ruling.
Turns out that law says that banning equal rights is UNCONSTITUTIONAL.

.

HAHAHA. That's what liberals always say. When the court writes or rewrites a law, they call it an "interpretation". That's BS and states need to say so.

Nope. Not BS. No law exists today relevant to last Friday's decision that didn't already exist.

 

[Freewill]

You'd expect people who are commenting on Constitutional law to at least have some idea of what the three branches of government are all about.

Congress can make laws. However the Supreme Court can declare any law unconstitutional. This isn't the SC making laws, this is them protecting the constitution. It's called separation of powers, in case some people haven't heard about this.

So the SC taking down laws because they have said they are unconstitutional is perfectly within the judicial power. Congress can simply make another law which is constitutional.

When is the congress and the states going to do so? How is the very plain language of the ACA being changed? How are state laws that say man and woman being changed?

As far as I see they are not being changed by the legislature, they were changed by the SCOTUS. Especially when Roberts changed penalty to tax.

 

[Syriusly]

Are you expecting us to all believe that there are so many homophobic merchants looking for cover, not in the basic tenets of their faith which says love your neighbor as you would be loved yourself, but in an obscure passage that does not clearly state a religious mandate to shun homosexuals, that those merchants will be of sufficient number and persuasive rhetoric to over turn this decision? To swing a national election?

Extending liberty to all Americans is far more persuasive than pulling the rug of liberty out from under our fellow American citizens.

New Testament dire warnings about eternity in hell/soul death are going to rise above any of your jibberty-jabberty. Stay tuned. It's coming..

Since you claim you are no longer a Christian- you are going to hell- doesn't that bother you?

 

[Syriusly]

Congress can make laws. However the Supreme Court can declare any law unconstitutional. ..

Yes - The constitution gives congress power to write laws. Now where does it give the scotus power to nullify them?

If the Supreme Court doesn't have the right to nullify laws passed by Congress- Congress could pass a law tomorrow outlawing Christianity.

And there would be no mechanism to overturn that law.

 

[Kosh]

Are you expecting us to all believe that there are so many homophobic merchants looking for cover, not in the basic tenets of their faith which says love your neighbor as you would be loved yourself, but in an obscure passage that does not clearly state a religious mandate to shun homosexuals, that those merchants will be of sufficient number and persuasive rhetoric to over turn this decision? To swing a national election?

Extending liberty to all Americans is far more persuasive than pulling the rug of liberty out from under our fellow American citizens.

New Testament dire warnings about eternity in hell/soul death are going to rise above any of your jibberty-jabberty. Stay tuned. It's coming..

Since you claim you are no longer a Christian- you are going to hell- doesn't that bother you?

Says the far left drone troll!

Remember now that "marriage" is no longer a "right"..

 

[Soggy in NOLA]

Congress can make laws. However the Supreme Court can declare any law unconstitutional. ..

Yes - The constitution gives congress power to write laws. Now where does it give the scotus power to nullify them?

If the Supreme Court doesn't have the right to nullify laws passed by Congress- Congress could pass a law tomorrow outlawing Christianity.

And there would be no mechanism to overturn that law.

They can nullify laws if they deem them unconstitutional. The sad thing about this bunch is they struck down DOMA on the grounds the constitution doesn't address marriage, then ruled that denying gays marriage was unconstitutional. Pretty sad.

 

[Faun]

Congress can make laws. However the Supreme Court can declare any law unconstitutional. ..

Yes - The constitution gives congress power to write laws. Now where does it give the scotus power to nullify them?

If the Supreme Court doesn't have the right to nullify laws passed by Congress- Congress could pass a law tomorrow outlawing Christianity.

And there would be no mechanism to overturn that law.

They can nullify laws if they deem them unconstitutional. The sad thing about this bunch is they struck down DOMA on the grounds the constitution doesn't address marriage, then ruled that denying gays marriage was unconstitutional. Pretty sad.

That's what they did. They nullified laws barring people of the same sex from marrying each other.

 

[Freewill]

Congress can make laws. However the Supreme Court can declare any law unconstitutional. ..

Yes - The constitution gives congress power to write laws. Now where does it give the scotus power to nullify them?

If the Supreme Court doesn't have the right to nullify laws passed by Congress- Congress could pass a law tomorrow outlawing Christianity.

And there would be no mechanism to overturn that law.

When in the last two weeks did the SCOTUS overturn a law? Did they overturn marriage laws thus making it so no one can get married. Did they overturn Obamacare?

 

[Freewill]

According to some on this site, marriage laws have been overturned. Thus no marriage.

 

[Syriusly]

According to some on this site, marriage laws have been overturned. Thus no marriage.

Some are stupid.

 

[Syriusly]

Congress can make laws. However the Supreme Court can declare any law unconstitutional. ..

Yes - The constitution gives congress power to write laws. Now where does it give the scotus power to nullify them?

If the Supreme Court doesn't have the right to nullify laws passed by Congress- Congress could pass a law tomorrow outlawing Christianity.

And there would be no mechanism to overturn that law.

They can nullify laws if they deem them unconstitutional. The sad thing about this bunch is they struck down DOMA on the grounds the constitution doesn't address marriage, then ruled that denying gays marriage was unconstitutional. Pretty sad.

The Supreme Court nullified DOMA because Congress has no authority to mandate how State's regulate marriage.

Then the Supreme Court ruled that Americans have a Constitutional right to get married- even gay Americans.

Pretty great.

 

[Syriusly]

Are you expecting us to all believe that there are so many homophobic merchants looking for cover, not in the basic tenets of their faith which says love your neighbor as you would be loved yourself, but in an obscure passage that does not clearly state a religious mandate to shun homosexuals, that those merchants will be of sufficient number and persuasive rhetoric to over turn this decision? To swing a national election?

Extending liberty to all Americans is far more persuasive than pulling the rug of liberty out from under our fellow American citizens.

New Testament dire warnings about eternity in hell/soul death are going to rise above any of your jibberty-jabberty. Stay tuned. It's coming..

Since you claim you are no longer a Christian- you are going to hell- doesn't that bother you?

Says the far left drone troll!

Remember now that "marriage" is no longer a "right"..

I remember that you are a troll.