Posted 21:58 by Grote 0 comments

Everytime I think Bush Makes Some Real Progress...

He goes and does something like this. After the Massachusetts Supreme Court's ruling that gay couples are allowed to be married, he calls it deeply troubling and says if the courts "insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process." Except the courts aren't forcing their will. They're enforcing the law, or at least in this case, citing Brown vs. Board of Education, which basically says that separate isn't equal. Frankly, I don't care whether or not gays should be allowed to married. If they made gay marriage leagal tomorrow I'm not going to wake up and say "I think I'm going to marry a man today!" It's not got going to effect the sanctity of my (future... maybe) marriage. I'm begining to think that 14th Amendment wasn't such a good idea. It basically stripped the Tenth amendment of its power (The 14th more or less applies the Constitution to the State and local level. The 10th says that any powers not listed in the Constitution or Amendments are reserved for the States. See a paradox?).

I was going to list an example of this problem. However, the example I was going to use was Congress' withholding Highway funds if a State doesn't have their minimum drinking age at 21. I was going to cite South Dakota vs. Dole. The problem is that both parties involved cited the 21st Amendment (repealling prohibition and setting guidlines for the sale of said Alcohol) instead of the tenth. I'll find an example and post it here later.