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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
farvacola
Profile Blog Joined January 2011
United States18876 Posts
February 10 2015 13:37 GMT
#32661
The Warren Court shall return!

By the way, if anyone is interested in reading up on how conservatives use outdated concepts of language and interpretation in order to cover their judicial partisanry, I highly recommend "The Myth of Judicial Activism," by Kermit Roosevelt III. It'll make what xDaunt is saying seem even more funny!
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
Silvanel
Profile Blog Joined March 2003
Poland4769 Posts
Last Edited: 2015-02-10 13:50:11
February 10 2015 13:47 GMT
#32662
Well, i am liberal at heart but xDaunt and co* are right here. The Supreme court could use the same rationale to bring back the slavery if the justices would like it. While there is argument to be had that law should serve popular sentiment and refelect views of the general population another function of the law is to guarantee that rights of the minority are uphold. You guys are only happy because SC is twisting the scale Your way. Imagine they abuse their position doing something You wouldnt like.
Pathetic Greta hater.
farvacola
Profile Blog Joined January 2011
United States18876 Posts
February 10 2015 13:54 GMT
#32663
I'm not sure what sort of experience with the US judicial system you have, but complex and seemingly unobvious methods of implementing jurisprudence are a hallmark of our system and have been since the US was very young. The Federalist papers themselves, contrary to what some would tell you, make it very clear that the argument over how the judiciary is to get involved in rule making itself forms a cornerstone foundation of how the court goes about making its decisions. If you and xDaunt were correct, there would be a golden age of uniformity in judicial opinion from the 1890-1937 period of "restraint." This is clearly not the case after even a cursory overview of opinions during that era.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
February 10 2015 13:55 GMT
#32664
the court does not decide on a whim anything, there is always a body of rationale behind it. this is true even if you pretend they are simply literally discovering meaning or whatever. you are abstracting too far away from the legal substance to see the structure, so you think it's simply shifting sands.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Stratos_speAr
Profile Joined May 2009
United States6959 Posts
Last Edited: 2015-02-15 21:13:40
February 10 2015 13:58 GMT
#32665
On February 10 2015 22:47 Silvanel wrote:
Well, i am liberal at heart but xDaunt and co* are right here. The Supreme court could use the same rationale to bring back the slavery if the justices would like it. While there is argument to be had that law should serve popular sentiment and refelect views of the general population another function of the law is to guarantee that rights of the minority are uphold. You guys are only happy because SC is twisting the scale Your way. Imagine they abuse their position doing something You wouldnt like.


We've already seen this with Citizens United.

That said, this particular argument is BS. The Constitution protects everyone from discrimination, and not allowing gay people to marry is discrimination, plain and simple. Therefore, it protects gay marriage.
A sound mind in a sound body, is a short, but full description of a happy state in this World: he that has these two, has little more to wish for; and he that wants either of them, will be little the better for anything else.
coverpunch
Profile Joined December 2011
United States2093 Posts
February 10 2015 14:50 GMT
#32666
On February 10 2015 22:29 Stratos_speAr wrote:
Show nested quote +
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.

I can't speak for these other guys but I make very little commentary on judicial matters or legislative grist, especially on social issues. I'm completely neutral on gay marriage and don't have a strong feeling about the legal basis either way. I only pushed back at the insistence that marriage is federal, which doesn't jive with the fact that states issue marriage licenses, not the federal government. That's a question of fact, not pseudo intellectual partisanship.
Jormundr
Profile Joined July 2011
United States1678 Posts
February 10 2015 15:41 GMT
#32667
And your local bank issues US dollars, strangely that doesn't give them the right to tell gays they can't have dollars. Alabama is fighting to deny gays the federal benefits granted by (you guessed it) the federal government. That makes it a federal matter. The fact that the state is given authority to issue licenses is asinine when you consider the fact that such authority is borrowed and not inherent.
Capitalism is beneficial for people who work harder than other people. Under capitalism the only way to make more money is to work harder then your competitors whether they be other companies or workers. ~ Vegetarian
ShoCkeyy
Profile Blog Joined July 2008
7815 Posts
February 10 2015 16:13 GMT
#32668
Netflix available in Cuba

A lot of US Dollars will be going offshore. Cuban families in the US will pay internet and netflix in Cuba for their families and most of them in Cuba already have some sort of internet.

Also personal opinion on gay marriage, just let it happen. How can you control someones life because it's against YOUR OWN religion and on top of it, you're bringing religion into the government. As someone who has a family member that is gay, it's sad to see the amount of other family members just turn him away and that's coming from a Cuban background (Hispanics are rough).
Life?
ZasZ.
Profile Joined May 2010
United States2911 Posts
February 10 2015 16:28 GMT
#32669
On February 11 2015 01:13 ShoCkeyy wrote:
Netflix available in Cuba

A lot of US Dollars will be going offshore. Cuban families in the US will pay internet and netflix in Cuba for their families and most of them in Cuba already have some sort of internet.

Also personal opinion on gay marriage, just let it happen. How can you control someones life because it's against YOUR OWN religion and on top of it, you're bringing religion into the government. As someone who has a family member that is gay, it's sad to see the amount of other family members just turn him away and that's coming from a Cuban background (Hispanics are rough).


It's because they don't want to have to think about anyone who doesn't share their worldview. Gay couples being able to marry doesn't affect anyone other than themselves in any way, but conservatives and religious fundamentalists don't want to have to think about them, so I guess they're hoping if they don't allow them to get married they will all become straight. Or something.

I still think Seinfeld had it figured out back in the early 90's:

+ Show Spoiler +


Millitron
Profile Blog Joined August 2010
United States2611 Posts
February 10 2015 16:33 GMT
#32670
On February 10 2015 22:29 Stratos_speAr wrote:
Show nested quote +
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.

Pretty sure I have called them out on that. Its absolute nonsense. Corporations are not people. If perhaps I didn't speak out against it on some occasion that it came up in the thread, that's not because I'm ok with it. Its because I'm not in the thread that often.

But keep making it about your opponents, not the issue. Very professional.
Who called in the fleet?
Jormundr
Profile Joined July 2011
United States1678 Posts
February 10 2015 17:27 GMT
#32671
On February 11 2015 01:33 Millitron wrote:
Show nested quote +
On February 10 2015 22:29 Stratos_speAr wrote:
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.

Pretty sure I have called them out on that. Its absolute nonsense. Corporations are not people. If perhaps I didn't speak out against it on some occasion that it came up in the thread, that's not because I'm ok with it. Its because I'm not in the thread that often.

But keep making it about your opponents, not the issue. Very professional.

K lets get to the issue, what's wrong with fixing marriage to be inclusive? Your only point is that we shouldn't have the government involved in marriage, which is a fun idea and all but not an argument against fixing the current reality.


So, Mr. Issue do tell us why gay marriage is bad. Lets not go down the whole "they did it wrong, it should have been the state legislature blah blah bullshit" because the state legislature has a history of not giving a shit about the constitution or equality (for people who aren't straight white christians). The slippery slope argument of "what's the supreme court going to do next" is twice as steep and lands straight in a pit of spikes when you look at the so-called states' rights side.

You say that this is overreach. I say it's better than having miscegenation laws.
Capitalism is beneficial for people who work harder than other people. Under capitalism the only way to make more money is to work harder then your competitors whether they be other companies or workers. ~ Vegetarian
JonnyBNoHo
Profile Joined July 2011
United States6277 Posts
February 10 2015 17:44 GMT
#32672
On February 10 2015 22:29 Stratos_speAr wrote:
Show nested quote +
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.

What do you mean? There is no wholesale position that corporations are people too. In the case of Citizens United, the SC said not that speech couldn't be limited because corporations are people too, but rather that speech couldn't be limited simply because it was being carried out by an association of people. Yes that association could be a corporation, but it could also be a labor union, charity, professional association, environmental group or whatever.
Nyxisto
Profile Joined August 2010
Germany6287 Posts
February 10 2015 18:01 GMT
#32673
I do think the criticism of this "corporations are people" thing is really weird. They need to be legal entities because how else would you even interact with them? Sue every shareholder? I can't imagine how that is supposed to work.
Millitron
Profile Blog Joined August 2010
United States2611 Posts
Last Edited: 2015-02-10 18:05:27
February 10 2015 18:02 GMT
#32674
On February 11 2015 02:27 Jormundr wrote:
Show nested quote +
On February 11 2015 01:33 Millitron wrote:
On February 10 2015 22:29 Stratos_speAr wrote:
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.

Pretty sure I have called them out on that. Its absolute nonsense. Corporations are not people. If perhaps I didn't speak out against it on some occasion that it came up in the thread, that's not because I'm ok with it. Its because I'm not in the thread that often.

But keep making it about your opponents, not the issue. Very professional.

K lets get to the issue, what's wrong with fixing marriage to be inclusive? Your only point is that we shouldn't have the government involved in marriage, which is a fun idea and all but not an argument against fixing the current reality.


So, Mr. Issue do tell us why gay marriage is bad. Lets not go down the whole "they did it wrong, it should have been the state legislature blah blah bullshit" because the state legislature has a history of not giving a shit about the constitution or equality (for people who aren't straight white christians). The slippery slope argument of "what's the supreme court going to do next" is twice as steep and lands straight in a pit of spikes when you look at the so-called states' rights side.

You say that this is overreach. I say it's better than having miscegenation laws.

Gay marriage isn't bad. Marriage being a governmental institution at all is. I want to get the government out of marriage completely, not have it limit marriage to heterosexuals. Why does the state issue marriage licenses at all? Why do two people need a piece of paper from the government saying they're married to be monogamous?

On February 11 2015 03:01 Nyxisto wrote:
I do think the criticism of this "corporations are people" thing is really weird. They need to be legal entities because how else would you even interact with them? Sue every shareholder? I can't imagine how that is supposed to work.

Treating corporations like people ends up making them pseudo-governmental institutions. Considering how much pull they have they're practically a 4th branch of government. You wouldn't need to sue every shareholder, you'd sue the execs that made the decisions that violated whatever law.
Who called in the fleet?
xDaunt
Profile Joined March 2010
United States17988 Posts
Last Edited: 2015-02-10 18:05:12
February 10 2015 18:03 GMT
#32675
On February 11 2015 03:01 Nyxisto wrote:
I do think the criticism of this "corporations are people" thing is really weird. They need to be legal entities because how else would you even interact with them? Sue every shareholder? I can't imagine how that is supposed to work.

That's the point. Anyone who tersely throws out "CORPORATIONS AREN'T PEOPLE" has absolutely no idea what the actual issues are.
Jormundr
Profile Joined July 2011
United States1678 Posts
February 10 2015 18:18 GMT
#32676
On February 11 2015 03:02 Millitron wrote:
Show nested quote +
On February 11 2015 02:27 Jormundr wrote:
On February 11 2015 01:33 Millitron wrote:
On February 10 2015 22:29 Stratos_speAr wrote:
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.

Pretty sure I have called them out on that. Its absolute nonsense. Corporations are not people. If perhaps I didn't speak out against it on some occasion that it came up in the thread, that's not because I'm ok with it. Its because I'm not in the thread that often.

But keep making it about your opponents, not the issue. Very professional.

K lets get to the issue, what's wrong with fixing marriage to be inclusive? Your only point is that we shouldn't have the government involved in marriage, which is a fun idea and all but not an argument against fixing the current reality.


So, Mr. Issue do tell us why gay marriage is bad. Lets not go down the whole "they did it wrong, it should have been the state legislature blah blah bullshit" because the state legislature has a history of not giving a shit about the constitution or equality (for people who aren't straight white christians). The slippery slope argument of "what's the supreme court going to do next" is twice as steep and lands straight in a pit of spikes when you look at the so-called states' rights side.

You say that this is overreach. I say it's better than having miscegenation laws.

Gay marriage isn't bad. Marriage being a governmental institution at all is. I want to get the government out of marriage completely, not have it limit marriage to heterosexuals. Why does the state issue marriage licenses at all? Why do two people need a piece of paper from the government saying they're married to be monogamous?

Show nested quote +
On February 11 2015 03:01 Nyxisto wrote:
I do think the criticism of this "corporations are people" thing is really weird. They need to be legal entities because how else would you even interact with them? Sue every shareholder? I can't imagine how that is supposed to work.

Treating corporations like people ends up making them pseudo-governmental institutions. Considering how much pull they have they're practically a 4th branch of government. You wouldn't need to sue every shareholder, you'd sue the execs that made the decisions that violated whatever law.

It doesn't have to be a government institution at all. That's not an argument against fixing the status quo, especially when you consider that your dream is far less achievable than fixing what we already have.
Capitalism is beneficial for people who work harder than other people. Under capitalism the only way to make more money is to work harder then your competitors whether they be other companies or workers. ~ Vegetarian
Millitron
Profile Blog Joined August 2010
United States2611 Posts
February 10 2015 18:28 GMT
#32677
On February 11 2015 03:18 Jormundr wrote:
Show nested quote +
On February 11 2015 03:02 Millitron wrote:
On February 11 2015 02:27 Jormundr wrote:
On February 11 2015 01:33 Millitron wrote:
On February 10 2015 22:29 Stratos_speAr wrote:
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.

Pretty sure I have called them out on that. Its absolute nonsense. Corporations are not people. If perhaps I didn't speak out against it on some occasion that it came up in the thread, that's not because I'm ok with it. Its because I'm not in the thread that often.

But keep making it about your opponents, not the issue. Very professional.

K lets get to the issue, what's wrong with fixing marriage to be inclusive? Your only point is that we shouldn't have the government involved in marriage, which is a fun idea and all but not an argument against fixing the current reality.


So, Mr. Issue do tell us why gay marriage is bad. Lets not go down the whole "they did it wrong, it should have been the state legislature blah blah bullshit" because the state legislature has a history of not giving a shit about the constitution or equality (for people who aren't straight white christians). The slippery slope argument of "what's the supreme court going to do next" is twice as steep and lands straight in a pit of spikes when you look at the so-called states' rights side.

You say that this is overreach. I say it's better than having miscegenation laws.

Gay marriage isn't bad. Marriage being a governmental institution at all is. I want to get the government out of marriage completely, not have it limit marriage to heterosexuals. Why does the state issue marriage licenses at all? Why do two people need a piece of paper from the government saying they're married to be monogamous?

On February 11 2015 03:01 Nyxisto wrote:
I do think the criticism of this "corporations are people" thing is really weird. They need to be legal entities because how else would you even interact with them? Sue every shareholder? I can't imagine how that is supposed to work.

Treating corporations like people ends up making them pseudo-governmental institutions. Considering how much pull they have they're practically a 4th branch of government. You wouldn't need to sue every shareholder, you'd sue the execs that made the decisions that violated whatever law.

It doesn't have to be a government institution at all. That's not an argument against fixing the status quo, especially when you consider that your dream is far less achievable than fixing what we already have.

Its actually an argument in favor of fixing the status quo. Gay people have just as many rights as straight then, and the state gets pushed out of one more private place it never belonged in to begin with.
Who called in the fleet?
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2015-02-10 19:00:54
February 10 2015 18:58 GMT
#32678
I don't think the idea that marriage as a public institution will go away is even remotely realistic. It also makes quite some sense because people living together and sharing costs and stuff is actually pretty important.
Millitron
Profile Blog Joined August 2010
United States2611 Posts
February 10 2015 19:08 GMT
#32679
On February 11 2015 03:58 Nyxisto wrote:
I don't think the idea that marriage as a public institution will go away is even remotely realistic. It also makes quite some sense because people living together and sharing costs and stuff is actually pretty important.

Uh huh, and what about getting rid of the public institution of marriage prevents that?

You can share costs with people without a piece of paper saying you're married. There are plenty of people who are practically married, they've lived with the same person for years, decades even, but aren't officially married. How does the state saying "yup, you're married" have any affect?
Who called in the fleet?
Yoav
Profile Joined March 2011
United States1874 Posts
February 10 2015 19:13 GMT
#32680
On February 11 2015 03:02 Millitron wrote:
Show nested quote +
On February 11 2015 03:01 Nyxisto wrote:
I do think the criticism of this "corporations are people" thing is really weird. They need to be legal entities because how else would you even interact with them? Sue every shareholder? I can't imagine how that is supposed to work.

Treating corporations like people ends up making them pseudo-governmental institutions. Considering how much pull they have they're practically a 4th branch of government. You wouldn't need to sue every shareholder, you'd sue the execs that made the decisions that violated whatever law.


Are you fucking serious? This would put our legal state behind Roman Law. Corporations, Partnerships, and the like are crucial for all kinds of things. For one thing, how would you propose to fix contract law? For another, you make liability extremely difficult to prove. Say the cable stops working in my house that I've already paid for. Who do I sue? I'm gonna have a damn hard time finding out who exactly is responsible, and it might be literally impossible. But the Corporation has certainly fucked me. De-recognizing Corporations legally would have a ton of other knock-on effects I can't even begin to get into. You couldn't subject them to laws or regulations, you couldn't tax them, you couldn't charge politicians for conflict of interest for Sheldon Silver shadiness, you literally would have no idea what they were doing at any time. They would, in general, face the same kind of scrutiny the mafia does.

On February 10 2015 22:29 Stratos_speAr wrote:
Show nested quote +
On February 10 2015 16:53 oneofthem wrote:
the point is that is how it works and you should look at whether the right created by the court is gud or not


No, they'll keep complaining about the process.

Not because they are against the idea that "the ends justify the means", but because the Justices pushed a liberal cause forward. Don't ever see XDaunt, Danglers, Coverpunch, Millitron, Introvert, or anyone else calling out the legislative or judicial branch on their conservative bullshit (Corporations are people too, har har har). They're just pseudo-intellectual partisan hacks.


This is an ad hominem and against site rules. It's also untrue for at least 2 1/2 of the people you mentioned. This site has serious thinkers on both sides of the party divide. It also has some pseudo-intellecutal partisan hacks (and, hell, pseudo-intellectual haiku-chanters). But debate means engaging with the ideas and leaving the people alone.
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