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To: CA Conservative
...the correct Constitutional remedy is to return the issue of marriage and abortion to the states where they have always belonged.

Should we return the issue of slavery to the states? What would you say if rape was deemed acceptable in certain states, but not in others? How about murder or armed robbery?

And just how does one return the issues of marriage and abortion to the states?

Fifteen years ago we perhaps could have successfully pushed for a Constitutional amendment on marriage, but those supposedly on "our" side said that it wasn't necessary--that it was a states rights issue. You see how well that worked out.

I no longer have much sympathy for compromisers on this issue. It is perhaps now beyond winning either on a state or a federal level. But I still intend to die with my face to the battle. You and all others can face whichever way you choose.
9 posted on 01/02/2016 7:09:19 PM PST by Engraved-on-His-hands (Conservative 2016!! The Dole, H.W. Bush, McCain, Romney experiment has failed.)
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To: Engraved-on-His-hands
Should we return the issue of slavery to the states?

The issue of slavery was resolved the proper Constitutional way - with a Constitutional amendment. If you can resolve the marriage and abortion issues with constitutional amendments, that would be great. But barring that, the Constitution does not give the Federal government any jurisdiction in those areas of law. SCOTUS has improperly claimed that power. Overturning the Oberfell decision would not outlaw same-sex marriage across the country - it would return the issue to the states.

What would you say if rape was deemed acceptable in certain states, but not in others? How about murder or armed robbery?

What are you talking about? Those are crimes which ARE defined by the states. What constitutes rape can vary from state to state, as well as what constitutes murder. And the punishments vary from state to state as well.

And just how does one return the issues of marriage and abortion to the states?

Congress would need to pass laws overturning Rove v Wade and Oberfell, and include a clause in each law that removes any jurisdiction of the courts to review the law. (That is constitutional.) That would return the issue to the states.

I no longer have much sympathy for compromisers on this issue.

Why is actually abiding by the Constitution now considered compromising? I thought we WANTED a government that followed the Constitution.

10 posted on 01/02/2016 7:23:01 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
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