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Old 07-17-2006, 09:03 AM
Kevin Kevin is offline
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
The Declaration is an irrelevant historical document when it comes to our laws.

It's even less relevant than the Articles of Confederation.

The trouble with resting on the decisions of state supreme courts is that they tend to make politically expedient rulings. For example, here in Oklahoma, our Supreme Court recently ruled that it's unconsitutional for the state to take land via eminent domain and give it to private enterprise (except for in instances of urban renewal). They rested on the Oklahoma Constitution, but it was a terrible and wrong opinion. The thing is, they're all on a retention ballot, so had they affirmed Kelo, they'd face not being retained by the voters -- and enough morons vote 'no' 'just 'cuz' anyhow.

We need to let our respective legislatures deal with this.

To me, what will be interesting to see is what will happen when one state allows gay marriage? Will others be bound to recognize the union due to the full faith and credit clause? I'd love to see some courts reason their way out of that one.
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