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Tolerance
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quote:
Originally posted by JamesBond:
quote:
Originally posted by 17keith:
Should items like gay marriage, domestic drilling, term limits, and abortion. be voted on by the people. Instead of the congress and senate dragging these issues out forever.


Since the constitution does not provide for a federal referendum, it is not possible. Federal laws are legislated in Congress.

States may administer state-wide referendums on those kinds of issues (as we saw with Prop. 8 in CA) and the states' rights to pass laws is restricted only by federal Constitutional limits on government power or other federal preemption.

The only way for the people to vote on constitutional issues (e.g. if gay marriage is held by the supreme court to be a constitutional right, and yet the people disagree) within the framework of our nation's governing documents would be to follow the procedures for amending the Constitution.

Here is some very basic info regarding the amendment process:

http://usgovinfo.about.com/library/blconstamend.htm


I know you're the lawyer. JB. but don't most, if not all state consitutions also include Equal Protection Clauses?

And that said, when or if they don't, shouldn't the Equal Protection Clause in the U.S. Constitution apply? Eventually the issue of marriage equality will make it to the Supreme Court, but now isn't a smart time to do so given current Court composition.

In the case of Prop 8, rights were actually taken away - so that's another heated component and the outcome is already being contested in court.
 
Posts: 14328 | Registered: December 07, 2002Reply With QuoteEdit or Delete MessageReport This Post
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