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Any thoughts on Justice Thomas' opinion?

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  • #16
    Originally posted by Hypatia_Alexandria View Post

    I am waiting for some responses to Thomas' opinion. If amendments to the constitution can be challenged where might it all end?
    Amendments can't be challenged but they can be changed. Example: the 18th Amendment (Prohibition) was repealed by the 21st Amendment.

    Also, we shouldn't act like the Supreme Court never changes precedent. After all Brown vs Board of Education changed the precedence of Plessy vs Ferguson.

    Personally, I think the Equal Protection clause will protect gay intimacy and marriage. As I recall, Justice Alito said something similar in his opinion.

    There may be something to this but on the whole, I think it's an overreaction to the decision.
    "For I desire mercy, not sacrifice, and acknowledgment of God rather than burnt offerings." Hosea 6:6

    "Theology can be an intellectual entertainment." Metropolitan Anthony Bloom

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    • #17
      Originally posted by Thoughtful Monk View Post

      Amendments can't be challenged but they can be changed. Example: the 18th Amendment (Prohibition) was repealed by the 21st Amendment.

      Also, we shouldn't act like the Supreme Court never changes precedent. After all Brown vs Board of Education changed the precedence of Plessy vs Ferguson.

      Personally, I think the Equal Protection clause will protect gay intimacy and marriage. As I recall, Justice Alito said something similar in his opinion.

      There may be something to this but on the whole, I think it's an overreaction to the decision.
      I honestly don't think she understands the amendment process, and got sidetracked by the fact that it's 'quite challenging' to amend the Constitution.
      Not that the 'amendments' can or cannot be 'challenged'.
      The first to state his case seems right until another comes and cross-examines him.

      Comment


      • #18
        Originally posted by Hypatia_Alexandria View Post
        Given Thomas' opinion does the possibility of rulings on contraception and SSM raise any concerns?
        No

        Comment


        • #19
          Originally posted by Cow Poke View Post

          And made that mechanism purposefully challenging so as not to change with the political winds.
          We ratified a new state Constitution back in 1983. It has been amended something like 90 times since then

          I'm always still in trouble again

          "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
          "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
          "Of course, human life begins at fertilization that’s not the argument." --Tassman

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          • #20
            Thomas said what needed to be said. Rights not directly spelled out by the Constitution are supposed to be left to the states.
            That's what
            - She

            Without a clear-cut definition of sin, morality becomes a mere argument over the best way to train animals
            - Manya the Holy Szin (The Quintara Marathon)

            I may not be as old as dirt, but me and dirt are starting to have an awful lot in common
            Stephen R. Donaldson

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            • #21
              Originally posted by Bill the Cat View Post
              Thomas said what needed to be said. Rights not directly spelled out by the Constitution are supposed to be left to the states.
              Yup....

              Tenth Amendment to the Constitution of the United States of America
              The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

              The first to state his case seems right until another comes and cross-examines him.

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              • #22
                Originally posted by Cow Poke View Post

                I honestly don't think she understands the amendment process, and got sidetracked by the fact that it's 'quite challenging' to amend the Constitution.
                Not that the 'amendments' can or cannot be 'challenged'.
                Would you like to address some of the points in the article posted in the OP and indicate why you consider they are not of any consequence [or potential concern].
                "It ain't necessarily so
                The things that you're liable
                To read in the Bible
                It ain't necessarily so
                ."

                Sportin' Life
                Porgy & Bess, DuBose Heyward, George & Ira Gershwin

                Comment


                • #23
                  Originally posted by Hypatia_Alexandria View Post

                  Would you like to address some of the points in the article posted in the OP and indicate why you consider they are not of any consequence [or potential concern].
                  After I see that you actually understand what it is you're discussing.
                  I have NO concerns with what Justice Thomas said.
                  The first to state his case seems right until another comes and cross-examines him.

                  Comment


                  • #24
                    Originally posted by Cow Poke View Post

                    After I see that you actually understand what it is you're discussing.
                    I have NO concerns with what Justice Thomas said.
                    That is not exactly what I asked. However...
                    "It ain't necessarily so
                    The things that you're liable
                    To read in the Bible
                    It ain't necessarily so
                    ."

                    Sportin' Life
                    Porgy & Bess, DuBose Heyward, George & Ira Gershwin

                    Comment


                    • #25
                      Originally posted by Hypatia_Alexandria View Post

                      That is not exactly what I asked. However...
                      I honestly don't believe you understand the subject well enough to ask informed questions.
                      The first to state his case seems right until another comes and cross-examines him.

                      Comment


                      • #26
                        Originally posted by Cow Poke View Post

                        I honestly don't believe you understand the subject well enough to ask informed questions.
                        I asked you to give your opinion on an article from a news outlet.
                        "It ain't necessarily so
                        The things that you're liable
                        To read in the Bible
                        It ain't necessarily so
                        ."

                        Sportin' Life
                        Porgy & Bess, DuBose Heyward, George & Ira Gershwin

                        Comment


                        • #27
                          Originally posted by Hypatia_Alexandria View Post

                          I asked you to give your opinion on an article from a news outlet.
                          I did.
                          The first to state his case seems right until another comes and cross-examines him.

                          Comment


                          • #28
                            Originally posted by Hypatia_Alexandria View Post
                            It also follows then that those amendments can likewise be changed. Am I right?
                            Not very easily at all.

                            The founders also specified a process by which the Constitution may be amended, and since its ratification, the Constitution has been amended 27 times. In order to prevent arbitrary changes, the process for making amendments is quite onerous. An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification. In modern times, amendments have traditionally specified a time frame in which this must be accomplished, usually a period of several years. Additionally, the Constitution specifies that no amendment can deny a State equal representation in the Senate without that State’s consent.


                            The first to state his case seems right until another comes and cross-examines him.

                            Comment


                            • #29
                              Originally posted by Hypatia_Alexandria View Post
                              Given Thomas' opinion does the possibility of rulings on contraception and SSM raise any concerns?
                              If by "concerns" you mean will strict adherence to the Constitutional limits placed on the federal government have any impact on future court decisions relating to the availability of non-fatal birth control and the forced recognition of homosexual civil unions, the answers are "no" and "we can certainly hope" in that order.
                              Some may call me foolish, and some may call me odd
                              But I'd rather be a fool in the eyes of man
                              Than a fool in the eyes of God


                              From "Fools Gold" by Petra

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                              • #30
                                What do you think about it H_A?

                                Comment

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