Thread: Gay Marriage
View Single Post
Old 04-22-2009, 07:45 PM   #172
Achilles
Dapper Chimp
 
Achilles's Avatar
 
Join Date: May 2004
Posts: 8,204
Helpful! Veteran Modder Forum Veteran 
Quote:
Originally Posted by SD Nihil View Post
Exactly. Why have a Constitution if it says a marriage is between a man and a woman and you change it at the state level.
The United States Constitution provides the framework for our federal government. If gay marriage is a state's rights issue (as the constitution would indicate) then it would make sense that it would be decided at the state level, no?

Quote:
Originally Posted by SD Nihil View Post
Are you not then doing something unconstitutional.
Nope.

Quote:
Originally Posted by SD Nihil View Post
So if you are for following the Constitution and it says marriage is between a man and a woman and you want to overturn it then like you said the what is the point of the Constitution if you can just change it when you want.
The Constitution doesn't say that.

And if the legislature passes something unconstitutional and the executive signs it into law, the judicial branch can still override it. It's called "judicial review". It's part of the checks and balances of power that the Framers built into our system to keep us from doing stupid things to ourselves.

Quote:
Originally Posted by SD Nihil View Post
So that's why I was trying to come up with a compromise here.
Why do we need such a compromise for gay marriage, but not for other things...like slavery?
Achilles is offline   you may: quote & reply,