quote:
Originally posted by Wednesday:
It should be.
I imagine that is why you vote the way you do and I vote the way I do! [wink]

quote:

The Constitution is based on the idea that all men are created equal. IMHO, that precludes the selective bestowment of rights without reason. Since there is no sound reason to withhold the right to same-sex marriages, the right should protected.
Soundness is a VERY subjective beast. While I agree with you on the facts, I disagree with your legal analysis.

I view the Const. fundamentally protecting rights as enumerated. Congress also has the power to enact laws for the general welfare of the nation. As long as these laws do not directly contradict something EXPRESSLY in the constitution, I believe they should be allowed to stand.

I don't believe in implied fundamental rights. I don't believe in penumbras.

The only extensions I believe in are the ones that, without which, the right itself would have no value (surprisingly, I am a conservative who believes in the exclusionary rule).

But again, that is because I am a conservative.

I see no fundamental right to marry in the Constitution. I believe Congress should allow it from a legal standpoint. But I do not believe it is appropriate for the courts to demand it.

It just doesn't say it in the constitution from my reading.

Now, I will say I see possible grounds on the 14th Amendment EP right for Lawrence to go against the state (We'll ignore for a second that it was written expressly for black americans).

Loosely enforcing the 14th really does create a slippery slope where anyone can do anything they want. (enter Santorum's rant)


In all of this, I thought of an observation I made a few weeks back.

Wed., as an intelligent student of the law, if you will be my "guinea pig", I'd like to conduct an experiment in political/legal reasoning.

Please give me your thoughts on what rights the 2nd Amendment provides.