Comment

Supreme Court Takes on Proposition 8

98
Eclectic Cyborg3/26/2013 11:49:16 am PDT

re: #2 Kragar (Antichrist )

When Prop 8 was first challenged in federal court, this is how that initial court appearance should have gone.

Judge: “The people of California have amended their own state constitution to define marriage as the union of one man and one woman. Mr. Attorney, I’m looking in vain for that article of the federal Constitution that explicitly grants me any authority whatsoever to disenfranchise 7 million voters and set aside a state constitution I do not like. I have read the Constitution forward, backward, sideways, and from right to left and I still can’t find it. Can you?”

“Well, your honor, it’s implied in there somewhere. Like in the 14th Amendment.”

“Mr. Attorney, I have read the 14th Amendment repeatedly, and I find no mention of the phrase ‘state constitution’ and in particular I find no mention of the word ‘marriage.’”

“Uh, well, they’re not in there, your honor. But, you know, the Constitution is a living document, so I’m sure it’s grown by now to include all that.”

“Mr. Attorney, I am not interested in some penumbra or emanation, I want chapter and verse. Where does this Constitution explicitly grant the federal judiciary the authority to overturn state Constitutions?”

“Uh, nowhere your honor.”

“That’s exactly what I thought. Get out of my courtroom.”

This is truly scary logic.