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14th Ammendment - 6/30/2015 8:48:49 PM   
MasterJaguar01


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Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Marriage is indeed regulated by state law. Does not a ban on same-sex marriage CLEARLY abridge the privileges of citizens of the United States?

I am no Constitutional Scholar. But it seems very clear to me.

Even if, in state law, marriage is clearly defined as between a man and a woman... Doesn't that definition ITSELF abridge the privileges of same-sex couples?


It looks to me that SCOTUS got it EXACTLY right here. The 14th Amendment basically gave the Federal government wide authority over the application of state law.

< Message edited by MasterJaguar01 -- 6/30/2015 8:51:04 PM >
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RE: 14th Ammendment - 6/30/2015 10:21:29 PM   
JVoV


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Cuz 8th Amendment, prohibiting cruel & unusual punishment.

(in reply to MasterJaguar01)
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RE: 14th Ammendment - 6/30/2015 10:45:09 PM   
Arturas


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quote:

Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.



States issue drivers licenses to citizens of age. With your line of reasoning the ban on under 16 year old citizens to drive is a violation of the 14th Amendment Equal Protection clause. Of course this is not the case because driving was never considered a right for under age citizens nor was marriage considered a right for same sex couples because by the definition (of a driver), the driver must be of age, and by definition (of a marriage), the couple must be a man and a woman.



_____________________________

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RE: 14th Ammendment - 6/30/2015 10:47:53 PM   
Arturas


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quote:

Does not a ban on same-sex marriage CLEARLY abridge the privileges of citizens of the United States?


Okay, lets go down that path. But before we do, let me ask you what those privileges are exactly. I need a list so we don't get lost in vague notions and total generalities.

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RE: 14th Ammendment - 6/30/2015 10:49:33 PM   
joether


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quote:

ORIGINAL: MasterJaguar01
Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Marriage is indeed regulated by state law. Does not a ban on same-sex marriage CLEARLY abridge the privileges of citizens of the United States?


Regulated by federal law. Which last I checked, is above all 46 states, 4 commonwealths, 1 district, and 6 territories. Specifically under the concept of 'Freedom of Religion' under the 1st amendment. Which means the states can not create a law that would infringe on someone's federal rights. In this case, and in light of a recent US Supreme Court ruling, disallows states from designing marriage laws that prohibit or hinder a gay couple's desire to marry. If its 'OK' for the Christian to get married, its 'OK' for the agnostics to get married (and the same for the gay couple). Otherwise we open the door to what George Orwell explained as: "All animals are equal, but some animals are more equal" (a paraphrasing from 'Animal Farm').

quote:

ORIGINAL: MasterJaguar01
I am no Constitutional Scholar. But it seems very clear to me.


President Obama is one!

quote:

ORIGINAL: MasterJaguar01
Even if, in state law, marriage is clearly defined as between a man and a woman... Doesn't that definition ITSELF abridge the privileges of same-sex couples?


How is the mechanism handled in day-to-day existence? People in the South once used segregation to allow discrimination to run havoc without responsibility of the laws. That 'separate but equal' was the bullshit argument used. Which lasted until the US Supreme Court ruling on 'Brown vs. Board of Education' started destroying things.

Its well understood that just because the US Supreme Court states one thing, doesn't mean those whom were against it will instantly convert. No, they will try any and all means to circumvent the ruling and find loopholes. Thereby allowing denial of marriage licenses to gay couples. That we have this concept called 'HISTORY' that conservatives think no one reads about. And this technology called 'computers' and 'The Internet' they also think no one will use.

quote:

ORIGINAL: MasterJaguar01
It looks to me that SCOTUS got it EXACTLY right here. The 14th Amendment basically gave the Federal government wide authority over the application of state law.


SCOTUS got things right on this one. Its a no-brainer for most of us that do not use religion to spew hatred and anger. Because outside of rightwing religious nuts, no one seems to have a problem with the GLBT community getting married.

The 14th amendment does not give the federal government wide authority over state law. It reinforces the material that came before it, and the history of why it was created in the first place.

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RE: 14th Ammendment - 6/30/2015 10:56:02 PM   
joether


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quote:

ORIGINAL: Arturas
quote:

Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.

States issue drivers licenses to citizens of age. With your line of reasoning the ban on under 16 year old citizens to drive is a violation of the 14th Amendment Equal Protection clause. Of course this is not the case because driving was never considered a right for under age citizens nor was marriage considered a right for same sex couples because by the definition (of a driver), the driver must be of age, and by definition (of a marriage), the couple must be a man and a woman.


However an argument could be made that the 16 year old is not a full US Citizen as understood but the current federal laws. Therefore, they do not have the same rights as those 18 years and older. Likewise, driving a car is not an expressed right found within the US Constitution or the 27 amendments. Further, federal law does not specifically address this issue (that I'm aware on). Therefore, the 16 year old is not likely to obtain a driver's license by making an in court using the 14th amendment (he and/or his parents can still test the issue in court none the less).

Here's a curious question Arturas: What right allows the 16 year old kid (with parent's approval) to go to court in the first place to challenge a state ruling on driver licenses using the 14th amendment? (there actually is a federal law that allows this)

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RE: 14th Ammendment - 6/30/2015 11:15:55 PM   
MasterJaguar01


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quote:

ORIGINAL: Arturas

quote:

Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.



States issue drivers licenses to citizens of age. With your line of reasoning the ban on under 16 year old citizens to drive is a violation of the 14th Amendment Equal Protection clause. Of course this is not the case because driving was never considered a right for under age citizens nor was marriage considered a right for same sex couples because by the definition (of a driver), the driver must be of age, and by definition (of a marriage), the couple must be a man and a woman.




That argument falls apart. The 14th amendment doesn't CARE if it is a right or not. Totally irrelevant.

The 14th amendment says that a state can't make or enforce a law that abridges citizen's privileges or immunities.

Citizen obviously being a person who has reached the age of majority.

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RE: 14th Ammendment - 7/1/2015 5:56:36 AM   
Real0ne


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quote:

ORIGINAL: MasterJaguar01


quote:

ORIGINAL: Arturas

quote:

Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.



States issue drivers licenses to citizens of age. With your line of reasoning the ban on under 16 year old citizens to drive is a violation of the 14th Amendment Equal Protection clause. Of course this is not the case because driving was never considered a right for under age citizens nor was marriage considered a right for same sex couples because by the definition (of a driver), the driver must be of age, and by definition (of a marriage), the couple must be a man and a woman.




That argument falls apart. The 14th amendment doesn't CARE if it is a right or not. Totally irrelevant.

The 14th amendment says that a state can't make or enforce a law that abridges citizen's privileges or immunities.

Citizen obviously being a person who has reached the age of majority.




Finally this board is getting into the good shit! LOL

Thanks for posting this. From my position we first need to examine if the 14th amendment was even properly enacted. To that end I suggest reading:


IN THE SUPREME COURT FOR THE STATE OF UTAH

(Dyett v. Turner, 439 P2d 266 @ 269, 20 U2d 403 [1968])


(the nonratification of the 14th amendment) <--emphsis added

(Judge A.H. Ellett)

http://scholar.google.com/scholar_case?case=5594966791758033189&q=Dyett+v.+Turner&hl=en&as_sdt=6,50


We feel that our decision in this matter should not be subject to reversal by inferior courts of the federal system.

snip

This situation presents an opportunity to review the constitutional provisions in order to determine if any rights of this defendant have been violated.

We first direct our attention to the Sixth Amendment to the Constitution of the United States, which so far as material provides:

snip

To understand this amendment, one must look to the situation which prevailed at the time of the adoption of the first ten amendments. In England a defendant in a misdemeanor case had the right to

snip

For over 140 years more than 70 justices of the Supreme Court consistently held that the first ten amendments to the Constitution applied as a limitation to

snip

The United States Supreme Court, as at present constituted, has departed from the Constitution as it has been interpreted from its inception and has followed the

snip

We do not believe that justices of once free and independent states should surrender

snip

We feel like galley slaves chained to our oars by a power from which we cannot free ourselves, but

snip

In addition to what we have said about the meaning of the Federal Constitution, we are disturbed in the attitude of the


snip

In regard to the Fourteenth Amendment, which the present Supreme Court of the United States has by decision chosen as the basis for invading

snip

It is common knowledge that any assumption of power will always attract a certain following, and if no resistance

snip

The method of amending the Federal Constitution is provided for in

snip

The Civil War had to be fought to determine whether the Union was

snip

The war must have ceased to be a war for the suppression of rebellion, and must have become a war for

snip

It is necessary to review the historical background to understand how the Fourteenth Amendment came to be a part of our Federal Constitution.

snip

All of the 22 senators and 58 representatives from the southern states were denied

snip

In the House of Representatives it would require

snip

Despite the fact that the southern states had been functioning peacefully for

snip

By spurious, nonrepresentative governments seven of the southern states which had theretofore rejected the proposed amendment under the duress of military occupation and of being denied

snip

Congress was not satisfied with the proclamation as issued and on the next day passed a concurrent resolution wherein it was resolved "That said fourteenth article is

snip

In order to have 27 states ratify the Fourteenth Amendment, it was necessary to count those states which had

snip

How can it be conceived in the minds of anyone that a combination of powerful states can by force of arms deny another state

snip

We have spoken in the hope that the Supreme Court of the United States may retreat from some of its recent decisions affecting the rights of a sovereign state to determine for itself what is proper procedure in its own courts as it affects its own citizens. However, we realize that because of that Court's superior power, we must pay homage to it even though we disagree with it; and so we now discuss the merits of this case just the same as though the sword of Damocles did not hang over our heads.

We have only one question to decide: Did the defendant below (the plaintiff in this petition) knowingly, intelligently, and voluntarily waive counsel? Let us look at the record of what he said at the time he waived counsel.

THE COURT: Do you understand that this charge carries with it a penalty of imprisonment in the Utah State Prison?

DEFENDANT DYETT: Yes, sir.


Where he goes right up to but stops short of dissing the 14th despite proving it was fraudulently passed.







< Message edited by Real0ne -- 7/1/2015 5:58:05 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

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RE: 14th Ammendment - 7/1/2015 6:29:54 AM   
JVoV


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Um...

On July 28, 1868, the 14th Amendment to the United States Constitution was ratified. The amendment grants citizenship to "all persons born or naturalized in the United States" which included former slaves who had just been freed after the Civil War.

On January 4, 1896, President Cleveland proclaimed Utah a state on an equal footing with the other states of the Union. Finally! Utahns throughout the new 45th state celebrated.

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RE: 14th Ammendment - 7/1/2015 6:30:08 AM   
Musicmystery


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quote:

ORIGINAL: Arturas

quote:

Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.



States issue drivers licenses to citizens of age. With your line of reasoning the ban on under 16 year old citizens to drive is a violation of the 14th Amendment Equal Protection clause. Of course this is not the case because driving was never considered a right for under age citizens nor was marriage considered a right for same sex couples because by the definition (of a driver), the driver must be of age, and by definition (of a marriage), the couple must be a man and a woman.

By your line of reasoning, ALL laws would violate the Amendment -- including the Amendment, since it limits states.



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RE: 14th Ammendment - 7/1/2015 6:50:25 AM   
eulero83


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quote:

ORIGINAL: MasterJaguar01


quote:

ORIGINAL: Arturas

quote:

Someone please explain to me, how a same-sex marriage ban is not CLEARLY a violation of the 14th Amendment Equal Protection clause.



States issue drivers licenses to citizens of age. With your line of reasoning the ban on under 16 year old citizens to drive is a violation of the 14th Amendment Equal Protection clause. Of course this is not the case because driving was never considered a right for under age citizens nor was marriage considered a right for same sex couples because by the definition (of a driver), the driver must be of age, and by definition (of a marriage), the couple must be a man and a woman.




That argument falls apart. The 14th amendment doesn't CARE if it is a right or not. Totally irrelevant.

The 14th amendment says that a state can't make or enforce a law that abridges citizen's privileges or immunities.

Citizen obviously being a person who has reached the age of majority.


you don't have to go this in detail or say persons under 18 are not citizens, every person gets the licence with the same requirments as age higher than 16 and a minimum driving skills to be proven in one exam, everybody has the same treatment period. Some rights come with duties.

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RE: 14th Ammendment - 7/1/2015 7:01:13 AM   
MercTech


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Until some of the states recognized same sex unions' same sex unions had no standing in law. Therefore, same sex marriage had equal treatment in it was NOT recognized as having any legal validity.

Once same sex marriage was recognized by a U.S. legal entity; the precedents for contractual relationships being valid in all states came into play and same sex marriage in one state must be recognized in all states.

The short version of the SCOTUS ruling from one of my legal eagle relations.

___________________________________________________________

One interesting sidebar to the ruling is the talk of using the same basis to make concealed carry permits issued in one state being required to be honored in all states. This logical extension of the Supreme Court ruling will probably have the fearful gunophobes foaming at the mouth shortly.

(in reply to Musicmystery)
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RE: 14th Ammendment - 7/1/2015 7:02:19 AM   
Real0ne


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How about a little history?

The idea of checks and balances in this gubmint on either state federal or local levels are purely a myth.




We the People? or We the States?

Patrick Henry, June 4, 1788



I have the highest veneration for those gentlemen; but, sir, give me leave to demand, What right had they to say, We, the people? My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask, Who authorized them to speak the language of, We, the people, instead of, We, the states? States are the characteristics and the soul of a confederation. If the states be not the agents of this compact, it must be one great, consolidated, national government, of the people of all the states. I have the highest respect for those gentlemen who formed the Convention, and, were some of them not here, I would express some testimonial of esteem for them. America had, on a former occasion, put the utmost confidence in them--a confidence which was well placed; and I am sure, sir, I would give up any thing to them; I would cheerfully confide in them as my representatives. But, sir, on this great occasion, I would demand the cause of their conduct. Even from that illustrious man who saved us by his valor [George Washington], I would have a reason for his conduct: that liberty which he has given us by his valor, tells me to ask this reason; and sure I am, were he here, he would give us that reason. But there are other gentlemen here, who can give us this information.

The people gave them no power to use their name. That they exceeded their power is perfectly clear. It is not mere curiosity that actuates me: I wish to hear the real, actual, existing danger, which should lead us to take those steps, so dangerous in my conception. Disorders have arisen in other parts of America; but here, sir, no dangers, no insurrection or tumult have happened; every thing has been calm and tranquil. [Empahsis and of course due to instant communication abilities of today they have to crash airplanes into buildings to get the SAME job done.] But, notwithstanding this, we are wandering on the great ocean of human affairs. I see no landmark to guide us. We are running we know not whither. Difference of opinion has gone to a degree of inflammatory resentment in different parts of the country, which has been occasioned by this perilous innovation. The federal Convention ought to have amended the old system; for this purpose they were solely delegated; the object of their mission extended to no other consideration.



AND:

Document C: Letters between George Washington, Patrick Henry, and Benjamin Harrison – September/October, 1787

George Washington to Patrick Henry, Benjamin Harrison, and Thomas Nelson Jr., September 24, 1787

Mount Vernon, September 24, 1787.

snip for brevity

From a variety of concurring accounts it appears to me that the political concerns of this Country are, in a manner, suspended by a thread. That the Convention has been looked up to by the reflecting part of the community with a solicitude which is hardly to be conceived, and that if nothing had been agreed on by that body, anarchy would soon have ensued, the seeds being richly [ sic] sown in every soil. I am &c.8


Responses:
Henry answered (October 19): "I have to lament that I cannot bring my Mind to accord with the proposed Constitution The Concern I feel on this Account, is really greater than I am able to express. Perhaps mature Reflection may furnish me Reasons to change my present Sentiments into a Conformity with the Opinions of those personages For whom i have the highest Reverence."

On October 4 Harrison replied: "I feel myself deeply interested in every thing that you have had a hand in, or that comes from you, and am so well assured of the solidity of your judgment, and the rectitude of your intentions, that i shall never stick at trifles to conform myself to your opinion; in the present instance, I am So totally uninform'd as to the general situation of America, that I can form no judgment of the necessity the convention was under to give us such a constitution as it has done; If our condition is not very desperate, I have my fears that the remedy will prove worse than the disease. Age makes men often over cautious; I am walling to attribute my fears to that cause, but from whatever source they spring, I cannot divest myself of an opinion, that the seeds of civil discord are plentifully sown in very many of the powers given both to the president and congress, and that if the constitution is carried into effect, the States south of the potowmac, will be little more than appendages to those to the northward of it....I shall only say, that my objections chiefly lay agst. the unlimited powers of taxation and the regulations of trade, and thee jurisdictions that are to be established in every State altogether independent of their laws, The sword, and such powers will; nay in the nature of things they must sooner or later, establish a tyranny, not inferior to the triumvirate or centum viri of Rome."

http://memory.loc.gov/cgi-bin/query/r?ammem/mgw:@field%28DOCID+@lit%28gw290211%29%29



that would make arturas about correct.

if the words of the glorious founders do not have the ability to incite one to question the foundations of the government thus taken for granted then who or what does?



< Message edited by Real0ne -- 7/1/2015 7:45:02 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

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RE: 14th Ammendment - 7/1/2015 7:16:44 AM   
Real0ne


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Joined: 10/25/2004
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quote:

ORIGINAL: JVoV

Um...

On July 28, 1868, the 14th Amendment to the United States Constitution was ratified. The amendment grants citizenship to "all persons born or naturalized in the United States" which included former slaves who had just been freed after the Civil War.

On January 4, 1896, President Cleveland proclaimed Utah a state on an equal footing with the other states of the Union. Finally! Utahns throughout the new 45th state celebrated.



got a lot of people saying a lot of things, yes?

the problem you will ultimately run into is when I say "prove it" using material fact.

First did you bother to read the what the Supreme Court Judge said in the Dyett case?

Seriously, consumer puppy chow makes me vomit.

If you examine the record it should be very obvious that the gubmint is claiming both sides of the argument to be correct at the same time.

This creates an inconsistency which is repugnant to any body of law.

If the Dyett case didnt give you enough I have "VOLUMES" more:





I will start the foundation of my premise with the above; which is a factual dispute in law not only by the Utah Supreme Court Judge that you seem to have dismissed without a valid consideration or citation but with supporting citations proving my position.


Wow its in text now days:

http://www.firstfreedom.net/41.htm

When the mandatory provisions of the Constitution are violated, the Constitution itself strikes with nullity the Act that did violence to its provisions. Thus, the Constitution strikes with nullity the purported 14th Amendment.

The Courts, bound by oath to support the Constitution, should review all of the evidence herein submitted and measure the facts proving violations of the mandatory provisions of the Constitution with Article V, and finally render judgment declaring said purported amendment never to have been adopted as required by the Constitution.

The Constitution makes it the sworn duty of the judges to uphold the Constitution which strikes with nullity the 14th Amendment.

And, as Chief Justice Marshall pointed out for a unanimous Court in Marbury v. Madison (1 Cranch 136 at 179): "The framers of the constitution contemplated the instrument as a rule for the government of courts, as well as of the legislature."

snip

The federal courts actually refuse to hear argument on the invalidity of the 14th Amendment, even when the issue is presented squarely by the pleadings and the evidence as above.

Only an aroused public sentiment in favor of preserving the Constitution and our institutions and freedoms under constitutional government, and the future security of our country, will break the political barrier which now prevents judicial consideration of the unconstitutionality of the 14th Amendment.











< Message edited by Real0ne -- 7/1/2015 7:31:05 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to JVoV)
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RE: 14th Ammendment - 7/1/2015 7:58:15 AM   
Real0ne


Posts: 21189
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quote:

ORIGINAL: MercTech

Until some of the states recognized same sex unions' same sex unions had no standing in law. Therefore, same sex marriage had equal treatment in it was NOT recognized as having any legal validity.

Once same sex marriage was recognized by a U.S. legal entity; the precedents for contractual relationships being valid in all states came into play and same sex marriage in one state must be recognized in all states.

The short version of the SCOTUS ruling from one of my legal eagle relations.

___________________________________________________________

One interesting sidebar to the ruling is the talk of using the same basis to make concealed carry permits issued in one state being required to be honored in all states. This logical extension of the Supreme Court ruling will probably have the fearful gunophobes foaming at the mouth shortly.


yep, and I explained that in great detail in the gay marriage thread.

First if the courts operated in the manner in which they were 'originally' intended and stayed within their jurisdiction, (temporal) or commercial, we would not have these problems today.

Second the judicial is overseen by whom? The people? NOT!

If you write your legislators and demand an accounting of the responses from "we the people" that prompted the way they voted they cannot produce it. Neither can they produce the alleged referendums that the alleged "we the people" voted for to get the constitutions ordained in the first place.

Its all smoke and mirrors.

However its my believe that if the courts had "PEOPLE" oversite gays would have been allowed to marry 50 years ago and the ridiculous pot laws would never have come into existence in the first place.

Shit law comes about by judge made decisions for these cases instead of FEP Jury decisions, which is why the solution is to abolish ALL administrative determinations or reduce them to 'advisory' likewise with judges, they are strictly 'advisory' and the power should reside fully in the jury and grand jury.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to MercTech)
Profile   Post #: 15
RE: 14th Ammendment - 7/1/2015 9:19:39 AM   
Owner59


Posts: 17033
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From: Dirty Jersey
Status: offline
quote:

ORIGINAL: MercTech

Until some of the states recognized same sex unions' same sex unions had no standing in law. Therefore, same sex marriage had equal treatment in it was NOT recognized as having any legal validity.

Once same sex marriage was recognized by a U.S. legal entity; the precedents for contractual relationships being valid in all states came into play and same sex marriage in one state must be recognized in all states.

The short version of the SCOTUS ruling from one of my legal eagle relations.

___________________________________________________________

One interesting sidebar to the ruling is the talk of using the same basis to make concealed carry permits issued in one state being required to be honored in all states. This logical extension of the Supreme Court ruling will probably have the fearful gunophobes foaming at the mouth shortly.



One of the things that binds us together as Americans is the promise that what is recognized in one state(usually one`s home state) will be also recognized in the other 49.

Like my NJ drivers license for example .With it I can legally operate a motor vehicle anywhere in America.

Life would be pretty fucked up other states didn`t recognize my driver`s license.

What some states were doing was obstinately refusing to honor marriage licenses from other states....

Imagine if one`s driving privileges were rejected based on their sexual orientation?

It was a bigger issue than just same sex marriage,IMHO.


< Message edited by Owner59 -- 7/1/2015 9:21:13 AM >


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President Obama

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RE: 14th Ammendment - 7/1/2015 10:28:55 AM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline

quote:

ORIGINAL: Owner59

quote:

ORIGINAL: MercTech

Until some of the states recognized same sex unions' same sex unions had no standing in law. Therefore, same sex marriage had equal treatment in it was NOT recognized as having any legal validity.

Once same sex marriage was recognized by a U.S. legal entity; the precedents for contractual relationships being valid in all states came into play and same sex marriage in one state must be recognized in all states.

The short version of the SCOTUS ruling from one of my legal eagle relations.

___________________________________________________________

One interesting sidebar to the ruling is the talk of using the same basis to make concealed carry permits issued in one state being required to be honored in all states. This logical extension of the Supreme Court ruling will probably have the fearful gunophobes foaming at the mouth shortly.



One of the things that binds us together as Americans is the promise that what is recognized in one state(usually one`s home state) will be also recognized in the other 49.

Like my NJ drivers license for example .With it I can legally operate a motor vehicle anywhere in America.

Life would be pretty fucked up other states didn`t recognize my driver`s license.

What some states were doing was obstinately refusing to honor marriage licenses from other states....

Imagine if one`s driving privileges were rejected based on their sexual orientation?

It was a bigger issue than just same sex marriage,IMHO.




Its a privilege because driving is a commercial activity, traveling by use of the common method is a right dating back to the AOC.

_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Owner59)
Profile   Post #: 17
RE: 14th Ammendment - 7/1/2015 1:37:44 PM   
joether


Posts: 5195
Joined: 7/24/2005
Status: offline

quote:

ORIGINAL: Real0ne

quote:

ORIGINAL: JVoV

Um...

On July 28, 1868, the 14th Amendment to the United States Constitution was ratified. The amendment grants citizenship to "all persons born or naturalized in the United States" which included former slaves who had just been freed after the Civil War.

On January 4, 1896, President Cleveland proclaimed Utah a state on an equal footing with the other states of the Union. Finally! Utahns throughout the new 45th state celebrated.



got a lot of people saying a lot of things, yes?

the problem you will ultimately run into is when I say "prove it" using material fact.

First did you bother to read the what the Supreme Court Judge said in the Dyett case?

Seriously, consumer puppy chow makes me vomit.

If you examine the record it should be very obvious that the gubmint is claiming both sides of the argument to be correct at the same time.

This creates an inconsistency which is repugnant to any body of law.

If the Dyett case didnt give you enough I have "VOLUMES" more:





I will start the foundation of my premise with the above; which is a factual dispute in law not only by the Utah Supreme Court Judge that you seem to have dismissed without a valid consideration or citation but with supporting citations proving my position.


Wow its in text now days:

http://www.firstfreedom.net/41.htm

When the mandatory provisions of the Constitution are violated, the Constitution itself strikes with nullity the Act that did violence to its provisions. Thus, the Constitution strikes with nullity the purported 14th Amendment.

The Courts, bound by oath to support the Constitution, should review all of the evidence herein submitted and measure the facts proving violations of the mandatory provisions of the Constitution with Article V, and finally render judgment declaring said purported amendment never to have been adopted as required by the Constitution.

The Constitution makes it the sworn duty of the judges to uphold the Constitution which strikes with nullity the 14th Amendment.

And, as Chief Justice Marshall pointed out for a unanimous Court in Marbury v. Madison (1 Cranch 136 at 179): "The framers of the constitution contemplated the instrument as a rule for the government of courts, as well as of the legislature."

snip

The federal courts actually refuse to hear argument on the invalidity of the 14th Amendment, even when the issue is presented squarely by the pleadings and the evidence as above.

Only an aroused public sentiment in favor of preserving the Constitution and our institutions and freedoms under constitutional government, and the future security of our country, will break the political barrier which now prevents judicial consideration of the unconstitutionality of the 14th Amendment.


You are aware that the US Supreme Court does not take every case that comes before it, right? That there have been hundreds of cases in which the lower courts were in disagreement, but the US Supreme Court did not step in, because it was busy else where?

(in reply to Real0ne)
Profile   Post #: 18
RE: 14th Ammendment - 7/1/2015 3:24:12 PM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: Owner59
One of the things that binds us together as Americans is the promise that what is recognized in one state(usually one`s home state) will be also recognized in the other 49.


Doesn't fit for Concealed Carry Permits...


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to Owner59)
Profile   Post #: 19
RE: 14th Ammendment - 7/1/2015 3:26:48 PM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: JVoV
Um...
On July 28, 1868, the 14th Amendment to the United States Constitution was ratified. The amendment grants citizenship to "all persons born or naturalized in the United States" which included former slaves who had just been freed after the Civil War.
On January 4, 1896, President Cleveland proclaimed Utah a state on an equal footing with the other states of the Union. Finally! Utahns throughout the new 45th state celebrated.


As I pointed out in the King v. Burwell decision, if we go by a law's intent, then the 14th doesn't mean what it's been claimed to mean.


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to JVoV)
Profile   Post #: 20
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