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To: The Ghost of FReepers Past

What in the US constitution gives the SCOTUS the power to overturn the Massachusetts case, in your opinion?


45 posted on 11/29/2004 9:55:34 AM PST by CobaltBlue
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To: CobaltBlue
What in the US constitution gives the SCOTUS the power to overturn the Massachusetts case, in your opinion?

Actually, I would ask the question that since this is a state issue (it's clearly not federal), should we not be applauding the USSC? Sure, the issue is one that many of us look down upon/criticize, but on the flip side, many of us have criticized the USSC for being too activist.

We can't go on saying "it's okay if your activist concerning this state issue, but not this state issue".

If the voters of Massachusetts want to do something about gay marriage/unions, then they have the appropriate avenues.
49 posted on 11/29/2004 1:44:28 PM PST by af_vet_rr
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To: CobaltBlue
What in the US constitution gives the SCOTUS the power to overturn the Massachusetts case, in your opinion?

Interesting question. The Constitution guarantees a republican form of government in each and every state. Now it gets sticky, what satisfies that definition? The citizens of Mass can overturn the SJC by voting for a constitutional amendment to ban homosexual marriage. If they do that and the SJC rules that amendment is unconstitutional and they have the guns on their side then SCOTUS would have to take the case and slap down the SJC. As it is, there's no way they'd take the case.

Of course this same SCOTUS will overturn any state court that rules killing a baby on the way out is a crime. Wonderfully consistent in their inconsistencies.

52 posted on 11/29/2004 3:31:24 PM PST by jwalsh07
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To: CobaltBlue; All
Full Faiths and Credit Clause

Article IV Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

Section 3. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

Section 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

If Gay Marriage is allowed in Massachusetts then all states have to recognize their marriages.

55 posted on 11/29/2004 4:18:06 PM PST by M 91 u2 K
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