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OfflineJT
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Registered: 02/28/07
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Re: obama says same sex marriage is unconstitutional [Re: TheThinker]
    #14065962 - 03/04/11 12:00 PM (13 years, 1 day ago)

Decided by whom? That is the problem. The president is not the arbiter of whatis and is not constitutional. The supreme court is...

Edited by JT (03/04/11 02:39 PM)

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OfflineTheThinker
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Registered: 03/01/11
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Last seen: 12 years, 11 months
Re: obama says same sex marriage is unconstitutional [Re: JT]
    #14065975 - 03/04/11 12:03 PM (13 years, 1 day ago)

Quote:

JT said:
Decided by whom? That is the problem. The president is the the arbiter of whatis and is not constitutional. The supreme court is...





No problem. The President took an oath to defend the constitution. He and his staff have decided DOMA is unconstitutional. If this gets challenged then the SCOTUS will make the final determination. It's how things work.

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OfflineScreaming Eagle
American Patriot


Registered: 03/03/11
Posts: 54
Last seen: 12 years, 11 months
Re: obama says same sex marriage is unconstitutional [Re: TheThinker]
    #14066010 - 03/04/11 12:10 PM (13 years, 1 day ago)

Quote:

TheThinker said:
Quote:

JT said:
Decided by whom? That is the problem. The president is the the arbiter of whatis and is not constitutional. The supreme court is...





No problem. The President took an oath to defend the constitution. He and his staff have decided DOMA is unconstitutional. If this gets challenged then the SCOTUS will make the final determination. It's how things work.




Checks and balances, I believe.

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OfflineJT
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Registered: 02/28/07
Posts: 7,027
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Re: obama says same sex marriage is unconstitutional [Re: phoxyilluminata]
    #14066012 - 03/04/11 12:11 PM (13 years, 1 day ago)

Quote:

phoxyilluminata said:
Quote:

JT said:
defending it legally. is that better? if there is a lawsuit where a same sex couple comes into another state who were married, and their new state does not support same sex marriage, they will not defend the law in court.



Yes. But that is not "enforcing" the law.



Quote:

phoxyilluminata said:
Quote:

JT said:
defending it legally. is that better? if there is a lawsuit where a same sex couple comes into another state who were married, and their new state does not support same sex marriage, they will not defend the law in court.



Yes. But that is not "enforcing" the law.




Okay,you win the semantics argument. I don't think it makes their stance any more legal though. And once again I support same sex marriage, just not sure if they're going about this the right way.

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Invisibleluvdemshrooms
Two inch dick..but it spins!?
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Registered: 11/29/01
Posts: 34,247
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Re: obama says same sex marriage is unconstitutional [Re: TheThinker]
    #14066598 - 03/04/11 02:23 PM (13 years, 1 day ago)

Quote:

TheThinker said:
Quote:

JT said:
Decided by whom? That is the problem. The president is the the arbiter of whatis and is not constitutional. The supreme court is...





No problem. The President took an oath to defend the constitution. He and his staff have decided DOMA is unconstitutional. If this gets challenged then the SCOTUS will make the final determination. It's how things work.




That most certainly is not how things work. Neither he, nor his staff, gets to decide what is and what is not constitutional.

Congress passes a law. This has occurred.
A president signs or vetoes it. This has occurred.
The courts, if the law is challenged, decides the constitutionality of the law. This has not occurred.

Until a court has spoken, the Obamanation is bound by that law whether he likes it or not.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers

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InvisibleChespirito
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Re: obama says same sex marriage is unconstitutional [Re: luvdemshrooms]
    #14075516 - 03/06/11 12:57 PM (12 years, 11 months ago)

Quote:

luvdemshrooms said:
Until a court has spoken, the Obamanation is bound by that law whether he likes it or not.



I'm not sure you are clear on things.  A Federal Court did rule that a section of it violated the Constitution.  If I recall they said it violated equal protection, the 10th Amendment and Congress did not have the authority to pass it using the Spending Clause.  Obama is now not going to appeal it, he certainly has that right...  Congress can fight it if they want, hell its a purely Legislative Action on the States anyways it has nothing to do with Obama.  Its just an abuse of the Spending Clause as I see it.

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OfflineTheThinker
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Re: obama says same sex marriage is unconstitutional [Re: Chespirito]
    #14075547 - 03/06/11 01:05 PM (12 years, 11 months ago)

I just know this is going to shock you. /end sarcasm

Speaker John A. Boehner announced Friday that the House would fight to uphold the Defense of Marriage Act in court, a little more than a week after President Obama's Justice Department said it would no longer defend the constitutionality of the law, which bans federal recognition of same-sex marriages.

The move marks another detour into contentious cultural issues for the House Republican leadership as it tries to whittle down the federal deficit, and with polls showing Americans most concerned about the economy.
{snip}
Last year, a federal judge ruled the Defense of Marriage Act unconstitutional in the face of challenges by same-sex couples and the state of Massachusetts. Two federal lawsuits in New York are also challenging it.
http://www.philly.com/philly/news/117452973.html

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Offlinezappaisgod
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Registered: 02/11/04
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Re: obama says same sex marriage is unconstitutional [Re: Chespirito]
    #14075548 - 03/06/11 01:05 PM (12 years, 11 months ago)

Quote:

Chespirito said:
Quote:

luvdemshrooms said:
Until a court has spoken, the Obamanation is bound by that law whether he likes it or not.



I'm not sure you are clear on things.  A Federal Court did rule that a section of it violated the Constitution.  If I recall they said it violated equal protection, the 10th Amendment and Congress did not have the authority to pass it using the Spending Clause.  Obama is now not going to appeal it, he certainly has that right...  Congress can fight it if they want, hell its a purely Legislative Action on the States anyways it has nothing to do with Obama.  Its just an abuse of the Spending Clause as I see it.



They are responsible for filing appeals, too.  Congress already pays the Justice Department to do so.


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InvisibleChespirito
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Re: obama says same sex marriage is unconstitutional [Re: zappaisgod]
    #14075575 - 03/06/11 01:11 PM (12 years, 11 months ago)

People are acting as if the President must do something, that is silly.  That's my only point, the Justice Department can tell Congress to go fuck itself forcing Congress to appeal the case

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Offlinezappaisgod
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Re: obama says same sex marriage is unconstitutional [Re: Chespirito]
    #14075595 - 03/06/11 01:18 PM (12 years, 11 months ago)

Quote:

Chespirito said:
People are acting as if the President must do something, that is silly.  That's my only point, the Justice Department can tell Congress to go fuck itself forcing Congress to appeal the case



No.  The President and the entire Executive Branch is subservient to the Legislature.  The Justice Department can also have every fucking dollar cut off by Congress.  Do you even live in this country?


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OfflineTheThinker
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Re: obama says same sex marriage is unconstitutional [Re: zappaisgod]
    #14075639 - 03/06/11 01:26 PM (12 years, 11 months ago)

Quote:

zappaisgod said:
Quote:

Chespirito said:
People are acting as if the President must do something, that is silly.  That's my only point, the Justice Department can tell Congress to go fuck itself forcing Congress to appeal the case



No.  The President and the entire Executive Branch is subservient to the Legislature.  The Justice Department can also have every fucking dollar cut off by Congress.  Do you even live in this country?



Quote:

zappaisgod said:
Quote:

Chespirito said:
People are acting as if the President must do something, that is silly.  That's my only point, the Justice Department can tell Congress to go fuck itself forcing Congress to appeal the case



No.  The President and the entire Executive Branch is subservient to the Legislature.  The Justice Department can also have every fucking dollar cut off by Congress.  Do you even live in this country?





:grin:

That's not as easy as you seem to think it is.
Rep. Steve King (R-Iowa) is planning to offer an amendment to slash as much funding to the Department of Justice as would have been used to defend the Defense of Marriage Act.

"What I intend to do, and there are other solutions that are offered, and I believe that the Speaker is focused on this, as well ... is to offer an amendment on an appropriations bill that would cut the funding to the Department of Justice in an amount yet to be determined that would be equivalent to that amount that they would otherwise use to defend the Defense of Marriage Act," King said Tuesday.

Last week President Obama announced that the department would stop defending the Defense of Marriage Act, which prohibits same-sex unions.

Congressional Republicans have threatened to continue to defend the law even without the DoJ. In an interview released earlier this week House Speaker John Boehner (R-Ohio) said that he and his Republican colleagues were considering a number of ways of defending the law.
http://thehill.com/blogs/blog-briefing-room/news/147133-rep-king-to-offer-amendment-to-slash-doj-funding-equal-to-cost-of-doma-defense

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Offlinezappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
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Re: obama says same sex marriage is unconstitutional [Re: TheThinker]
    #14075650 - 03/06/11 01:29 PM (12 years, 11 months ago)

Whaddaya mean?  Of course it has to pass but that's what they're trying to do, right?

By the way, I had not seen that prior to you posting it.


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Invisiblephoxyilluminata
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Registered: 02/27/11
Posts: 102
Re: obama says same sex marriage is unconstitutional [Re: JT]
    #14077357 - 03/06/11 07:23 PM (12 years, 11 months ago)

Quote:

JT said:
Quote:

phoxyilluminata said:
Quote:

JT said:
defending it legally. is that better? if there is a lawsuit where a same sex couple comes into another state who were married, and their new state does not support same sex marriage, they will not defend the law in court.



Yes. But that is not "enforcing" the law.



Quote:

phoxyilluminata said:
Quote:

JT said:
defending it legally. is that better? if there is a lawsuit where a same sex couple comes into another state who were married, and their new state does not support same sex marriage, they will not defend the law in court.



Yes. But that is not "enforcing" the law.




Okay,you win the semantics argument. I don't think it makes their stance any more legal though. And once again I support same sex marriage, just not sure if they're going about this the right way.



And I don't think that it matters one way or the other what you or I think about it. Whichever way it goes, it goes. As a great President once said "Well, when the President does it that means that it is not illegal". So, unless someone actually calls him on it, which i kinda doubt will happen, it's moot.

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OfflineJT
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Registered: 02/28/07
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Re: obama says same sex marriage is unconstitutional [Re: phoxyilluminata]
    #14077945 - 03/06/11 08:58 PM (12 years, 11 months ago)

Numerous republican house/senate members have called himout on it. Some are calling for his impeachment over it.

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OfflinerkHEART
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Registered: 03/09/11
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Re: obama says same sex marriage is unconstitutional [Re: JT]
    #14093272 - 03/09/11 03:54 PM (12 years, 11 months ago)

Can't we all just play The Gay Marriage Video Game and get along -

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