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onewhoobserves

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Date Signed Up:6/12/2013
Last Login:1/13/2016
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latest user's comments

#47 - Romans with super powers are best Romans. 01/05/2016 on Anal Adventure +1
#101 - *SPOILER WARNINGS* (DON'T CLICK THIS LINK IF YOU DON'T WANT T… 12/30/2015 on Independent strong woman... +2
#99 - I'm pretty sure that somewhere (not in the movie) it is stated… 12/30/2015 on Independent strong woman... +4
#84 - you absolutely can 12/26/2015 on Gamestop 0
#33 - I'm not arguing that America's handling of the Syrian Civil Wa… 10/04/2015 on Assad 0
#31 - Yes...Because Russia have been instrumental in reducing the co…  [+] (2 new replies) 10/04/2015 on Assad -3
User avatar
#32 - jettom (10/04/2015) [-]
Ah yes, Ukraine. The slavic country where the populace suddenly had an armed uprising in a democratic nation lead by fascist neo-nazists backed by America. Where half the population wants tighter bonds with Europe and the other half wants tighter bonds with Russia. The Ukraine situation is by far the most retarded shit America has left upon the Western world. And of course Russia has had a presence with the government since the conflict began. Syria and Russia are good allies, of course they'd support Assad. Them giving military support to him, no matter in what way, isn't surprising. It's despicable, without a doubt, but I find their methods a lot more clean than America's "I don't like the government, we'll claim the government is a power-hungry, anti-democratic unity, incite armed rebellion among the populace, topple the government, place the rebel leaders who we've greased on the pedestal and gain another ally"

The Union did a horrible job in Afghanistan. I'm not denying that. But did America do any better? The Rebels of Chechnya were very much crushed in the second Chechnyan war.
#33 - onewhoobserves (10/04/2015) [-]
I'm not arguing that America's handling of the Syrian Civil War has been good. I was simply pointing out that your assumption that Russia (or Putin as the case may be) would do something to actually intervene in the conflict was something of a pipe dream as they have done nothing but support the Assad government militarily. I did this through the use of evidence(articles) of said military support and by pointing out the escalation of the Ukrainian civil war by Russia because of its annexation of Crimea and sending Russian troops into the conflict rather than any attempt to particularly reduce that conflict.

The examples of Afghanistan and Chechnya were brought up because they were examples of Soviet/Russian overestimation of their own capabilities and underestimation of their opponents resolve/capabilities. From those examples it doesn't appear that they have a particularly good appraisal of how long/how much effort it will take to deal with insurgent groups. As such I was pointing out that their judgement of how long it would take to deal with ISIL may very well be flawed as they have not had a decent track record in the past for such appraisals.
#418 - If I can direct your attention to my use of the terms "in… 09/11/2015 on Because fuck her 0
#407 - Not particularly a matter of opinion. With the power of judic…  [+] (2 new replies) 09/11/2015 on Because fuck her +2
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#409 - insanemanoo (09/11/2015) [-]
If things are as you say and this ruling is not an enforcement of the 14th amendment, then, in practice, nothing should change except for the specific plaintiff of the case to get their marriage license, but because of the concept of precedents, the ruling has, in effect, enforced the 14th amendment without proper legislature through Congress, which, despite what the intention of Section 5 is, is in conflict with it. And I'd like to point out that we're talking about an implied power of the Supreme Court (Which was put into effect by John Marshall) against a blatantly stated clause of the Constitution.

I'm not arguing in favor of Kim Davis's actions here. She went about this in all the wrong way and deserves the jail time, but to me, this whole Supreme Court decision is the federal government overstepping its bounds.
#418 - onewhoobserves (09/11/2015) [-]
If I can direct your attention to my use of the terms "inferred" and "ceded" when initially discussing judicial review you'll note that I don't attribute the power to the Supreme Court as derived directly from the Constitution. It actually does not specifically state in the Constitution that the Supreme Court has the power of judicial review. However, the Judiciary Act of 1789 does specifically incorporate the concept in regard to both federal and state statutes. In addition the 3rd and 4th Amendment taken together do form a strong basis as to the inference of Judicial review. Finally, Marshall's specific doctrine was established in 1803 with the Marbury v. Madison case and has not been specifically curtailed by an act of Congress or an Amendment to the Constitution thus leaving it as precedent.

The ruling in this case has done nothing to enforce the 14th Amendment except to state that were any other laws passed regarding the discrimination based on sex then they could be challenged in the courts by citizens and likely be nullified as Unconstitutional. It provides no enforcement or protection under the 14th Amendment. Rather this ruling simply makes it known that the present Supreme Court will likely strike down any law that discriminates against citizens which is fully in keeping with their powers. Enforcement through legislation by Congress is the only way to prevent another legislature from passing another law which discriminates marriage based on sex. The Supreme Court decision does not stop legislatures from passing such laws.
#401 - Power of judicial review which is an inferred power of the Sup…  [+] (4 new replies) 09/11/2015 on Because fuck her +1
User avatar
#403 - insanemanoo (09/11/2015) [-]
Well I guess this is just a difference of opinion then because I believe that since the amendment specifically says that Congress may enforce this amendment, it means that its effectively going over the head of The Supreme Court on making effective rulings. Otherwise, why would it be in this and other amendments as well?
#407 - onewhoobserves (09/11/2015) [-]
Not particularly a matter of opinion. With the power of judicial review ceded to the Supreme Court they do get to rule on whether a law is Constitutional.

Because the Supreme Court only indicates whether a law is Constitutional or not it does not add specific new legislation/executive orders. It can by ruling a law or an aspect of a law unconstitutional determine the legality of an action (such as abortion/same sex marriage) but does not itself produce legislation regulating or enforcing anything. I would posit that the Fifth section of the 14th Amendment and others like it are aimed at preventing the executive branch from using executive actions and similar tools to enforce those provisions thus allowing the concentration of power within the executive branch.

The issue at work with Kim Davis is that she was refusing to allow any marriage licences to be issued and refused a court order to issue the licences because she is letting her personal religious beliefs interfere with the work of her governmental position. This is similar to a police officer whose religion disallows alcohol preventing people from drinking alcohol though they are not of the same religious beliefs or background. Religious beliefs are fine but because we are a Nation that follows the rule of law she has no basis for refusing to issue marriage licences.
User avatar
#409 - insanemanoo (09/11/2015) [-]
If things are as you say and this ruling is not an enforcement of the 14th amendment, then, in practice, nothing should change except for the specific plaintiff of the case to get their marriage license, but because of the concept of precedents, the ruling has, in effect, enforced the 14th amendment without proper legislature through Congress, which, despite what the intention of Section 5 is, is in conflict with it. And I'd like to point out that we're talking about an implied power of the Supreme Court (Which was put into effect by John Marshall) against a blatantly stated clause of the Constitution.

I'm not arguing in favor of Kim Davis's actions here. She went about this in all the wrong way and deserves the jail time, but to me, this whole Supreme Court decision is the federal government overstepping its bounds.
#418 - onewhoobserves (09/11/2015) [-]
If I can direct your attention to my use of the terms "inferred" and "ceded" when initially discussing judicial review you'll note that I don't attribute the power to the Supreme Court as derived directly from the Constitution. It actually does not specifically state in the Constitution that the Supreme Court has the power of judicial review. However, the Judiciary Act of 1789 does specifically incorporate the concept in regard to both federal and state statutes. In addition the 3rd and 4th Amendment taken together do form a strong basis as to the inference of Judicial review. Finally, Marshall's specific doctrine was established in 1803 with the Marbury v. Madison case and has not been specifically curtailed by an act of Congress or an Amendment to the Constitution thus leaving it as precedent.

The ruling in this case has done nothing to enforce the 14th Amendment except to state that were any other laws passed regarding the discrimination based on sex then they could be challenged in the courts by citizens and likely be nullified as Unconstitutional. It provides no enforcement or protection under the 14th Amendment. Rather this ruling simply makes it known that the present Supreme Court will likely strike down any law that discriminates against citizens which is fully in keeping with their powers. Enforcement through legislation by Congress is the only way to prevent another legislature from passing another law which discriminates marriage based on sex. The Supreme Court decision does not stop legislatures from passing such laws.
#395 - Federal law trumps state law. Article seven of the Constituti…  [+] (6 new replies) 09/11/2015 on Because fuck her 0
User avatar
#397 - insanemanoo (09/11/2015) [-]
While the 14th Amendment does go over the state's rights as far as marriage discrimination goes, and was voted for by 3/4 of the states to surrender certain 10th Amendment rights regarding the right to discriminate, a key part that a lot of people miss in this and the reason I'm against it is because of Section 5 of the 14th Amendment. "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." Banning marriage discrimination would be perfectly Constitutional under the 14th Amendment if it is banned in the form of legislation passed by Congress as in a bill becoming a law, but in this case, the 14th Amendment is being enforced through a Supreme Court ruling, which isn't Constitutionally just.
#401 - onewhoobserves (09/11/2015) [-]
Power of judicial review which is an inferred power of the Supreme Court allows it to strike down laws, treaties, etc. which conflict with a higher authority such as the Constitution or the Amendments. So while Congress does have the power to enforce the provisions of the 14th Amendment, the Supreme Court retains the power to strike down laws that are in contradiction of those same provisions which is what has happened.
User avatar
#403 - insanemanoo (09/11/2015) [-]
Well I guess this is just a difference of opinion then because I believe that since the amendment specifically says that Congress may enforce this amendment, it means that its effectively going over the head of The Supreme Court on making effective rulings. Otherwise, why would it be in this and other amendments as well?
#407 - onewhoobserves (09/11/2015) [-]
Not particularly a matter of opinion. With the power of judicial review ceded to the Supreme Court they do get to rule on whether a law is Constitutional.

Because the Supreme Court only indicates whether a law is Constitutional or not it does not add specific new legislation/executive orders. It can by ruling a law or an aspect of a law unconstitutional determine the legality of an action (such as abortion/same sex marriage) but does not itself produce legislation regulating or enforcing anything. I would posit that the Fifth section of the 14th Amendment and others like it are aimed at preventing the executive branch from using executive actions and similar tools to enforce those provisions thus allowing the concentration of power within the executive branch.

The issue at work with Kim Davis is that she was refusing to allow any marriage licences to be issued and refused a court order to issue the licences because she is letting her personal religious beliefs interfere with the work of her governmental position. This is similar to a police officer whose religion disallows alcohol preventing people from drinking alcohol though they are not of the same religious beliefs or background. Religious beliefs are fine but because we are a Nation that follows the rule of law she has no basis for refusing to issue marriage licences.
User avatar
#409 - insanemanoo (09/11/2015) [-]
If things are as you say and this ruling is not an enforcement of the 14th amendment, then, in practice, nothing should change except for the specific plaintiff of the case to get their marriage license, but because of the concept of precedents, the ruling has, in effect, enforced the 14th amendment without proper legislature through Congress, which, despite what the intention of Section 5 is, is in conflict with it. And I'd like to point out that we're talking about an implied power of the Supreme Court (Which was put into effect by John Marshall) against a blatantly stated clause of the Constitution.

I'm not arguing in favor of Kim Davis's actions here. She went about this in all the wrong way and deserves the jail time, but to me, this whole Supreme Court decision is the federal government overstepping its bounds.
#418 - onewhoobserves (09/11/2015) [-]
If I can direct your attention to my use of the terms "inferred" and "ceded" when initially discussing judicial review you'll note that I don't attribute the power to the Supreme Court as derived directly from the Constitution. It actually does not specifically state in the Constitution that the Supreme Court has the power of judicial review. However, the Judiciary Act of 1789 does specifically incorporate the concept in regard to both federal and state statutes. In addition the 3rd and 4th Amendment taken together do form a strong basis as to the inference of Judicial review. Finally, Marshall's specific doctrine was established in 1803 with the Marbury v. Madison case and has not been specifically curtailed by an act of Congress or an Amendment to the Constitution thus leaving it as precedent.

The ruling in this case has done nothing to enforce the 14th Amendment except to state that were any other laws passed regarding the discrimination based on sex then they could be challenged in the courts by citizens and likely be nullified as Unconstitutional. It provides no enforcement or protection under the 14th Amendment. Rather this ruling simply makes it known that the present Supreme Court will likely strike down any law that discriminates against citizens which is fully in keeping with their powers. Enforcement through legislation by Congress is the only way to prevent another legislature from passing another law which discriminates marriage based on sex. The Supreme Court decision does not stop legislatures from passing such laws.
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