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Some Things Shouldn't Be Put to a Vote....

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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 07:26 AM
Original message
Some Things Shouldn't Be Put to a Vote....
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theoldman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 07:36 AM
Response to Original message
1. Anything that obviously does not conform to our constitution
should not be put up for a vote. The way our system works, however, is that we first vote on something and then it is challenged in court. Gay marriage will be challenged in court until the matter is settled.
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Thothmes Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 07:54 AM
Response to Reply #1
2. Who gets to decide if something does not "obviously" conform
to our Constitution. The Supreme Court?, The President?, some group of kooks in Utah?, the American electorate? Every group thinks they have a hammerlock on what is "Constitutional". Who gets to decide?
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 12:41 PM
Response to Reply #2
9. "It is emphatically the province and duty of the judicial department to say what the law is. "
Marbury v. Madison, 5 U.S. 137(1803)
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Thothmes Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 07:57 PM
Response to Reply #9
11. Dred Scott vs. Sandford
Plessy vs. Ferguson, Kelo vs. New London. How do the American People fix the problems sometimes caused by the Supreme Court. Amend the Constitution,
State Legislatures actions, new court cases.
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Lint Head Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 08:10 AM
Response to Original message
3. The Bill of Rights is not negotiable.
:dem:
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Brewman_Jax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 09:08 AM
Response to Original message
4. That was the reason for the Bill of Rights
i.e. the first 10 Amendments to the US Constitution; to protect the rights of the few against the tyranny of the many. Legal rights should never be subjected to a referendum.
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 09:25 AM
Response to Original message
5. That is why the Constitution was created, to Protect us from the "Tyranny of the Majority"
I think Prop 8 is Unconstitutional..
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tavalon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 10:41 AM
Response to Original message
6. See my new sig line
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 11:27 AM
Response to Original message
7. Mob rule is never a good thing. n/t
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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 12:03 PM
Response to Original message
8. Yep... the public deciding the Constitional rights of others is a disgrace.
Like when San Fransisco voters passed a bill (%57.9), to ban possession of handguns by civilians, and also ban the manufacture, distribution, sale and transfer of firearms and ammunition within city limits.

Fortuantly, it was thrown out by the CA Supreme Court... not because it was an abridgment of Californians right to keep and bear arms, but because it violated the State Constitutions provision that localities/municipalities can't pass gun control laws that are stricter than state law.

Kind'a ironic in way that a city with a large gay population had no problem restricting the rights of others.

Proposition H (otherwise known as Preparation H).
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-12-08 12:48 PM
Response to Original message
10. IIRC, men WERE asked to vote on women's rights once upon a time.
Edited on Wed Nov-12-08 01:20 PM by TahitiNut
As far as I know, not a single woman voted in favor of the Nineteenth Amendment ... but a majority of men did. In fact, I think more than 2/3rds of men voted in favor in some contexts.

:dunce:
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