Kansas still refuses to recognize same-sex marriages (user search)
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  Kansas still refuses to recognize same-sex marriages (search mode)
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Author Topic: Kansas still refuses to recognize same-sex marriages  (Read 2102 times)
Torie
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Atlas Legend
*****
Posts: 46,056
Ukraine


Political Matrix
E: -3.48, S: -4.70

« on: July 01, 2015, 12:52:05 PM »

That is all about amending the Constitution, Jerry, not reinterpreting its text in new and creative and unintended ways.
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Torie
Moderators
Atlas Legend
*****
Posts: 46,056
Ukraine


Political Matrix
E: -3.48, S: -4.70

« Reply #1 on: July 01, 2015, 03:20:54 PM »

It was, but, I still believe what I believe.  A living document is something which helps with the times.  How can the rules of men who lived over 200 years ago still apply to us without a bit twisting.  We have so many things that they wouldn't have know about.  Without the notion of a living document, it's hard to apply the laws, and write them.  Social Security and Medicare, are they mentioned in the constitution.  No, but with some interpretation, you can find the rational for them. 

The tax and spending power is right there in the Constitution. That one was easy. Smiley
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Torie
Moderators
Atlas Legend
*****
Posts: 46,056
Ukraine


Political Matrix
E: -3.48, S: -4.70

« Reply #2 on: July 02, 2015, 09:52:28 AM »

It was, but, I still believe what I believe.  A living document is something which helps with the times.  How can the rules of men who lived over 200 years ago still apply to us without a bit twisting.  We have so many things that they wouldn't have know about.  Without the notion of a living document, it's hard to apply the laws, and write them.  Social Security and Medicare, are they mentioned in the constitution.  No, but with some interpretation, you can find the rational for them. 

The tax and spending power is right there in the Constitution. That one was easy. Smiley

Doesn't the purpose of the spending have to fall within enumerated powers?

No, not really, as opposed to regulations, the spending power is close to an unlimited power is my recollection. SCOTUS has held that in certain situations, withholding funds to a state to influence the state's policies, that the Feds cannot directly dictate, can be deemed unduly "coercive."
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