The Perry v. Schwarzenegger discussion thread

[The Mikado]

David Boies is a genius, and I'm loving Judge Walker.  He seems to be literally aggravated by the defense and their arguments.

Of course, my read (or the read of the Twitter feeds I'm following) could be way off.  What does everyone take away from this?

I hope we do get the YouTube clips at some point.  This sounds like the best thing since the Monkey Trial.  The trashing of Tam on the witness stand was unbelievable.  He was just destroyed!

[True Federalist]

If Walker hands down a decision ruling that the U.S. Constitution requires gay marriage to be recognized by all fifty States it won't survive an appeal to the current Supreme Court.  It also could trigger a Constitutional Convention so that a Defense of Marriage Amendment can be considered that would leave the issue of Marriage to each State.  [I can't see Congress passing such an amendment, and it might not be able to pass 3/4 [38] of the states, but with the assistance of states that want a convention, the lower threshold of 2/3 [34] of the states might be passed to call a convention.]

Also keep in mind that as far as the legal case went, the side of evolution lost the Monkey Trial as the Butler Act (which barred the teaching of evolution in Tennessee public schools) was upheld by the Tennessee Supreme Court.

[The Mikado]

If Walker hands down a decision ruling that the U.S. Constitution requires gay marriage to be recognized by all fifty States it won't survive an appeal to the current Supreme Court. 

Of course it wouldn't.  That doesn't mean the trial isn't fun.

[Holmes]

http://prop8trialtracker.com/

That's the site I used to follow the trial. Granted, since the testimony is over now, the site isn't as relevant anymore. Anyway, is it normal for the plaintiffs to have two and a half weeks of witnesses, and the defendants have two days, with both of their witnesses agreeing with the plaintiffs, all while annoying the judge at the same time? If it is, then the prop 8 side performed very well.

[Free Palestine]

It also could trigger a Constitutional Convention so that a Defense of Marriage Amendment can be considered that would leave the issue of Marriage to each State.

Most likely this would only enrage those who are opposed to same-sex marriage, leading to a huge movement to ban same-sex marriage with a Constitutional amendment.  Most Americans do not believe in federalism, anymore.  It's either same-sex marriage should be banned on a federal level, or should be legalized on a federal level.  Ask anybody on the street what the Tenth Amendment is and they probably wouldn't know.

Such an amendment clarifying that same-sex marriage should be left to the states would be great.  It will never happen, though.  Not with all the hacks in Washington who think that their views are 100% the best for Murica, and should therefor be shoved down everyone's throats.

[True Federalist]

It also could trigger a Constitutional Convention so that a Defense of Marriage Amendment can be considered that would leave the issue of Marriage to each State.

Most likely this would only enrage those who are opposed to same-sex marriage, leading to a huge movement to ban same-sex marriage with a Constitutional amendment.  Most Americans do not believe in federalism, anymore.  It's either same-sex marriage should be banned on a federal level, or should be legalized on a federal level.  Ask anybody on the street what the Tenth Amendment is and they probably wouldn't know.

Such an amendment clarifying that same-sex marriage should be left to the states would be great.  It will never happen, though.  Not with all the hacks in Washington who think that their views are 100% the best for Murica, and should therefor be shoved down everyone's throats.

It's not that I think those opposed to same-sex marriage are proponents of federalism, but that I think they'll realize that they can't hope to get thirty-eight States to approve an amendment for an outright ban, but by reframing it as an issue to be left to the States, it might be able to pass.  Even then it's doubtful it would pass unless it was sent to State Conventions, which the GOP might do if they are in charge of Congress at the time.

[Free Trade is managed by the invisible hand.]

People make a big deal about the tenth but what about the 9th and 14th? The tenth amendment is not the only amendment in the constitution.

[Free Palestine]

People make a big deal about the tenth but what about the 9th and 14th? The tenth amendment is not the only amendment in the constitution.

The Tenth Amendment is still there, though.