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How can a state override federal constitution?

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lernforenzics

Junior Member
I would like to know how state can override faderal constitution of life,liberty and happiness? if the state actually puts to ballot same-sex-marriage ban along with domestic partnerships i am not sure how a person can make a decision if the question is to ban same sex marriage then what does domestic partnership have to do with it? Same sex couples are not the only ones with domestic partnerships....:confused:
 


seniorjudge

Senior Member
lernforenzics said:
I would like to know how state can override faderal constitution of life,liberty and happiness? if the state actually puts to ballot same-sex-marriage ban along with domestic partnerships i am not sure how a person can make a decision if the question is to ban same sex marriage then what does domestic partnership have to do with it? Same sex couples are not the only ones with domestic partnerships....:confused:
I have no idea what you are saying but I will tell you this: the states govern marriage laws, not the federal government.
 

lernforenzics

Junior Member
I am saying that federal states the right to liberty, and happiness...but the state wants to take it away by banning same-sex-marriage...and domestic partners are not all gay, they're over 65 males and females as well...so why block them what did they do wrong..not that gays did anything wrong but just a question...
 

seniorjudge

Senior Member
lernforenzics said:
I am saying that federal states the right to liberty, and happiness...but the state wants to take it away by banning same-sex-marriage...and domestic partners are not all gay, they're over 65 males and females as well...so why block them what did they do wrong..not that gays did anything wrong but just a question...
Two questions:

1. Where in the constitution of the United States does it say anything about life, liberty, and the pursuit of happiness?

AND

B. Where in the constitution of the United States does it say anything about same-sex marriage and/or domestic partners?
 

Zephyr

Senior Member
seniorjudge said:
Two questions:

1. Where in the constitution of the United States does it say anything about life, liberty, and the pursuit of happiness?


the preamble

AND

B. Where in the constitution of the United States does it say anything about same-sex marriage and/or domestic partners?

but, if the op wants this o be a debate he should get in the right forum
 

seniorjudge

Senior Member
PREAMBLE

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.



Anybody else want to try?
 

ceara19

Senior Member
seniorjudge said:
PREAMBLE

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.



Anybody else want to try?

Does that mean I can sue for lack of "Domestic Tranquility"? :cool:
 

Zephyr

Senior Member
got me sj- wrong doc


Life, Liberty and the Pursuit of Happiness

Life, Liberty & the Pursuit of Happiness.
Are these unalienable rights in the US Constitution?

Life, Liberty & the Pursuit of Happiness. A bedrock of the American psyche. Principals by which most Americans feel their government and country were founded on. These unalienable rights are obviously set forth in the most important document in American history, the document most cited by the Supreme Court, the legal underpinning of the United States, the US Constitution, correct? A quick scan of the Bill of Rights should reveal them. No? Hmm, they must be in the preamble. No, not there either. Later amendments, no.

Although it may seem unbelievable to many, the phrase "life, liberty and the pursuit of happiness" does not appear in the US Constitution. Where then are those rights guaranteed to the people of the United States (and in turn people that are affected by the United States)? The answer appears to be, nowhere.

The original phrase "Life, Liberty & the Pursuit of Happiness" was set forth in the US Declaration of Independence. An idea at the heart of the American Revolution, but one that did not find its way into the US Constitution. As such, these rights are not legally protected by the federal government.
 

Ohiogal

Queen Bee
seniorjudge said:
I have no idea what you are saying but I will tell you this: the states govern marriage laws, not the federal government.
What about DOMA?
Okay other than the fact that the part about states do not have to abide by the FF&C being really unconstitutional but that is another post...
 

weenor

Senior Member
Op- the rights conferred by the constitution are interpreted by the Courts...the states are allegedly given the right to govern many things including right with regard to civil unions and marriage. It has nothing to do with gay or straight..bottom line is that there is the state interest in preserving the family unit and there is the issue of what the state has to do to split you and your partner (however you classify yourselves) and decide who gets what. Bottom its easier for everyone to decide who should get the stuff if there is a state sanctioned union.
 

tigger22472

Senior Member
Ohiogal said:
What about DOMA?
Okay other than the fact that the part about states do not have to abide by the FF&C being really unconstitutional but that is another post...
That's where I was going too. So regardless if the states have in their statutes, such as Indiana does, that marriage is between a male and female and they do not recognize same sex marriage even if from another state DOMA kicks in anyways.

To the OP.. for instance Mass. does recognize same-sex marriages... Come tax time they can file jointly for state but aren't allowed to for federal purposes because the federal government does not recognize same sex marriages. Couples (hetersexual) who live in common law marriage states can file federal taxes together if they fit the requirements but in the rest (which is 3/4 of us) cannot unless they are married.
 

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