Tilted Forum Project Discussion Community - View Single Post - Prop 8 constitutional challenge likely to go to U.S. Supreme Court

pan6467 · 01-14-2010, 11:58 AM

Quote:

Originally Posted by dippin

Where did anyone say the voters are stupid? And last I checked, a president isn't elected forever and is still bound by the constitution, whereas an amendment to a state's constitution can be there forever, unless someone challenges it's constitutionality.

Wrong, if it is an amendment it becomes part of the constitution and thus cannot be challenged. Laws, edicts, props, whatever you wish to call them that are not amendments, maybe challenged if they break the constitution. OR they can be put on the ballots and voted to be changed.

ONLY AN AMENDMENT THAT REPEALS AN AMENDMENT TO THE CONSTITUTION CAN CHANGE SAID AMENDMENT (this is why the 18th amendment (prohibition) had to have the 21st amendment (repeals prohibition)... otherwise prohibition would have remained forever.

Quote:

As far as you not seeing "anyone" arguing where it breaks the constitution, I refer you to posts

http://www.tfproject.org/tfp/tilted-...ml#post2747603 (where the basis of the lawsuit is explained)

and

http://www.tfproject.org/tfp/tilted-...ml#post2748088

where the whole thing is spelled out in detail.

As to what rights are being denied, this post has several of them:

http://www.tfproject.org/tfp/tilted-...ml#post2747741

I se no one here talking about those. It's easy to say "read this what some other guy wrote".

OK

So now YOU tell me what you believe. No one here has truly done that yet.

My first post here I quoted badmouthing the electorate.... may not have been you but it has been done here more than anyone standing up and giving why they believe the bill is unconstitutional and what rights it breaks.