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Author Topic:   State amendments regarding gay marriage
Rrhain
Member
Posts: 6351
From: San Diego, CA, USA
Joined: 05-03-2003


Message 46 of 85 (131781)
08-09-2004 2:51 AM
Reply to: Message 36 by crashfrog
08-08-2004 11:24 AM


crashfrog responds to me:
quote:
quote:
For the umpteenth time, it takes two to tango.
But for the umpteenth time, Rrhain, that's covered already.
Obviously not or I wouldn't have to keep mentioning it.
quote:
There are plenty of people who will marry you for any reason or for no reason, to make a statement, for a lark, or to gain citizenship.
Then why do they have such a hard time finding someone to go along with it? That last, after all, is illegal.
quote:
Getting married - finding a spouse - is almost trivial.
Bullshit.
quote:
quote:
The requirement of finding someone else to go in on it with you is a significant barrier.
Nonsense. Only if you're picky.
(*chuckle*)
If you really believe that, why did you get married to the person you wanted to get married to and not some random stranger on the street?
quote:
quote:
Gay people can't get married
I would have presumed that you had paid enough attention to my arguments in the past months to know that I'm in favor of gay marriage.
I didn't say you weren't. I was pointing out that your claim of "you can get married tomorrow if only you weren't so picky" is disingenuous at best.
quote:
As for the other stuff, the rights of marriage stem from at least one culture's conception of what marriage is - a civil arrangement where two persons become as one, sharing their stuff and their responsibilities.
And why can't that apply to siblings? There are families where, say, sisters haven't found anybody they want to get married to and instead have built their lives with each other. They're not having sex, but they should deserve all the benefits of what we would call "marriage."
quote:
At such time as a single person has another person they want to become one person with
A non-trivial barrier.
And it has nothing to do with being picky.

Rrhain
WWJD? JWRTFM!

This message is a reply to:
 Message 36 by crashfrog, posted 08-08-2004 11:24 AM crashfrog has replied

Replies to this message:
 Message 54 by crashfrog, posted 08-09-2004 11:26 AM Rrhain has replied

  
Rrhain
Member
Posts: 6351
From: San Diego, CA, USA
Joined: 05-03-2003


Message 47 of 85 (131783)
08-09-2004 2:59 AM
Reply to: Message 37 by crashfrog
08-08-2004 11:26 AM


crashfrog responds to me:
quote:
quote:
Why does the relationship status of the parents have any effect upon the status and custody of the children they produce?
What about the children that one of them didn't produce?
Non sequitur.
Third parties will have a relationship as established by their connection to the parents. Why does the relationship status of the parents have any effect upon the status and custody of the children they produce?
This isn't about the parents...it's about the children. Why do the rights of a child change depending upon the marital status of the parents?
quote:
If I marry Jane, and I have sole custody of children from a previous marriage, what happens to those children when I die?
Depends upon what legal arrangements are made with regard to the children and Jane. If you weren't married, what would happen to them if you were to die? Why should that necessarily change just because you got married?
quote:
Does Jane become the parent? Does custody revert back to their original mother? I don't honestly know, but how could a private contract possibly have the scope or the enforcability to decide?
Because adoption happens all the time. Currently, if you marry someone with children from a previous relationship, you don't automatically become the parent of those children in every way, shape, and form. You have to legally adopt them. The marriage does bring with it some legal rights with regard to the children, but if the biological parent dies and the other biological parent is still around, that other might still have a claim on the children.

Rrhain
WWJD? JWRTFM!

This message is a reply to:
 Message 37 by crashfrog, posted 08-08-2004 11:26 AM crashfrog has not replied

  
Rrhain
Member
Posts: 6351
From: San Diego, CA, USA
Joined: 05-03-2003


Message 48 of 85 (131786)
08-09-2004 3:08 AM
Reply to: Message 45 by coffee_addict
08-09-2004 2:48 AM


Lama dama ding dong writes:
quote:
First of all, the gay rights advocates are going against people that are against any gay right at all. As demonstrated by Buz and the rat, we are not dealing with just the issue of marriage.
Indeed. There was a recent "debate" at UCSD regarding same-sex marriage and those arguing against it kept on saying that it would force religion to accept it and marry people of the same sex (under guise of "hate speech" regulations, trying to cite Canada as an example).
Someone on the pro side pointed out that he would be happy to include in the law specific terms saying that no church would ever be held liable in any way, shape, or form from refusing to marry a same-sex couple or proclaiming it to be incompatible with their religious ideology, "But you would never accept that."
And, indeed, they didn't. Even when offered the right to keep their religious opinions pristine, they still can't go along with it.

Rrhain
WWJD? JWRTFM!

This message is a reply to:
 Message 45 by coffee_addict, posted 08-09-2004 2:48 AM coffee_addict has replied

Replies to this message:
 Message 49 by coffee_addict, posted 08-09-2004 4:28 AM Rrhain has not replied

  
coffee_addict
Member (Idle past 496 days)
Posts: 3645
From: Indianapolis, IN
Joined: 03-29-2004


Message 49 of 85 (131800)
08-09-2004 4:28 AM
Reply to: Message 48 by Rrhain
08-09-2004 3:08 AM


This reminds me. Getting rid of marriage and civil union completely is like shutting down all your schools just so black kids couldn't attend school with white ones (you know what I'm talking about).

The Laminator
For goodness's sake, please vote Democrat this November!

This message is a reply to:
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Replies to this message:
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Silent H
Member (Idle past 5838 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 50 of 85 (131807)
08-09-2004 5:18 AM
Reply to: Message 45 by coffee_addict
08-09-2004 2:48 AM


I seriously can't see how a reasonable person could possibly think that it was a mere coincidence the pro-amendment group left out the second part of your version.
Well in a way it may have been. I'm sure the constructors and pushers of the amendment had the ulterior motives. But while I think most people are being a little off in not seeing the agenda, they are not on board with it. They probably only see what is being promised and saying "yeah I'm okay with that."
In addition it is doubtful any opponents actually tried to get protective measures in place, which is what I was talking about. Guarantees on the verbal commitments. Not trying is always missing.
So while the initiators and pushers had an agenda, it was probably coincidence that no one went on to change it into a useful amendment.
Remember that we are dealing with the same people that argue there is no evidence for evolution.
Having lived on and off in countries where most people believe in evolution, I have found that does not mean they are going to be any less erratic in social thinking and legislation.
In the end I think most people (and if I remember right a recent poll supported this idea) are open to protect the rights of gays and simply want to protect the definition of "marriage".
Thus I think gay rights activists can appeal to most people to get the protections in place, and if the creators do not allow that to happen, to appeal to most people not to put the amendment in place.
But maybe I am too optimistic.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 45 by coffee_addict, posted 08-09-2004 2:48 AM coffee_addict has not replied

  
Silent H
Member (Idle past 5838 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 51 of 85 (131812)
08-09-2004 6:28 AM
Reply to: Message 41 by crashfrog
08-08-2004 7:05 PM


I had counted you among the "friendly" posters. Did I do something to change that?
If there's one thing I've discovered, it's that the written word is HORRIBLE for conveying tone. It is a blank slate on which anyone can read into it motives and feelings that just aren't there.
I am still a friendly poster to you, and remarks in my last post were (while esoteric) trying to make the same point you just did towards me. It seemed like you were angrier and more adverserial than usual.
My response however was not meant to be a continuance of that. You can still count me as a friendly poster, although I do seem to be diametrically opposed to your position on government in this thread.
My "miscommunication" statement was specifically pointing out an opinion that you seem to be skipping around on definitions and details of your argument. I have done this myself when writing a lot of responses quickly, and is why I mentioned the possibility that maybe that's why it is happening.
In the end, I can only deal with what's written, and what you have written doesn't seem to be all that you were meaning, because I'm pretty certain I was addressing your arguments (as they were worded) properly, yet you say I am not addressing what you meant.
I guess I should have just asked for clarification, rather than speculating on causes.
As the man once said, "here, sir, the people rule." While I realize this is an ideal and not always the reality, it's certainly a good goal, don't you think?
Absolutely, but "rule what?" is the question, and the answer is "not me".
Not to sound condescending but it does sound like you haven't read much of the history of the Constitution and its makers. They had just come out of having their lives micromanaged and were set to have that removed from possible control by the government.
That which governs best, governs least... and that sort of thing.
They really wanted to restrict controls to just the securing of physical security and means so that people could choose individually, or as free collections of individuals, what was a greater end.
There were some that saw merit in protecting vague social characteristics, like western ideals of enlightenment from savagery, but mainly we have the concept of laying off individual "social" solutions.
Isn't it the purpose of all laws to shape society? Why do we even have laws if they're not supposed to have an effect?
I think there is an equivocation on the word "shape", when one moves from discussing its ability to protect itself and grow (management of physical attributes), to making its constituents conform to ideas regarding their own wellbeing.
You can even say that maybe within an entire generation you get a mega-majority agreement on something, but then future generations will become slaves to that paradigm.
By which I took to mean "mandates that the government gives itself." That was how I took it in context. Maybe I misunderstood?
Yes, I was referring to your "mandates of the people" comment. I just shortened it. Thus even with people on board, the government has restrictions.
I would add this point. If the people are in agreement on something in the majority you suggest, on a social issue, then why would they need laws at all to support it?
Obviously, since we the people can't really come to an agreement, that requires some kind of compromise. Sometimes we compromise with majority rule. Sometimes we compromise with the lesser of two evils.
This is exactly why social issues are not supposed to be within the domain of the government.
Clearly having someone to call on is good for your well-being, right? Doesn't promoting marriage lead to that? Doesn't that give an incentive for folks to have life-partners?
No. Absolutely 100%, no. The study you presented told you exactly what I did. Support mechanisms are important, which did not necessarily involve longterm relationships nor marriage. It is not surprising that marriage would have an effect in older men as older men (given social realities) would be more likely to have married significant partners. But that does not conclude that marriage is necessary nor sufficient.
And the study went on to point out more important characteristics for survival.
Would you be for laws trying to literally reshape society by getting people to trim down, go vegan, go atkins, or some other health fad of the day?
And I would repeat an earlier point. Masturbation has been found to help men live longer. Should it be in the realm of the government to support this? I love porn and jerking off and would still say NO WAY. In addition, it is also now known that childbirth when one is young helps prevent breast cancer. Shall we help society by encouraging young girls to get pregnant? Well I might like to see that too, but I don't think the government can nor should get involved at that level of OUR LIVES.
All your study did suggest, if the gov't wanted to promote something, is good support centers where people can find help when they need it, and better care within the medical system such that people feel they are getting support from people that can help them.
You don't believe that promoting fuel-efficient vehicles and changing attitudes about fossil fuels is altering social policy? I sure do.
If the gov't went about this by putting out posters and giving credits to people who belong to greenpeace, when there was nothing but a "feel green" reason to do so, maybe I'd agree with you.
You seem to be missing the very real point here. We are talking about a real, physical resource. The amount in which it is being consumed, and its natural limits, means there is an end and technology must change to reflect that natural reality.
In addition, the way it is being consumed is affecting physical lives. Thus changes in technology can alter our physical well being, in addition to facing the reality of a dwindling resource.
So energy policies help protect our everyday physical security and prosperity. And if we did not do this, we WOULD find ourselves in some pretty dire straights.
Investing in such technology can also help us build economically for the future.
You cannot produce a credible analogy to this in promoting marriage. That is purely a social agenda.
I disagree. People's happiness and quality of life is a very real thing.
You misunderstood. While I agree with what you just said, the HOW of gaining happiness and having a high "quality of life" is subjective. I did not mean whether that is important is subjective.
They have the right to use the machinery of government to implement the social policy that they think is best. I have the right to try to stop them within the means provided me in the Constitution to do so.
The Constitution bars them from using the machinery to implement social policy as they think best. That they will try, does not mean that they have the right to do so.
You can look to Republicans and Democrats own arguments for support of this. On issues they do not like promoted they quote the Constitution, and writings of Jefferson, to show the boundaries of gov't influence. They just behave hypocritically when it is on the agenda they want pushed.
That is EXACTLY what Jefferson warned against, and why he said we'd end up having bloodshed from time to time. Eventually majorities would lose sight of the boundaries of gov't and seek to impose social agendas on the rest. There is not even supposed to be a compromise, except that of hands off.
Thus if they do use the machinery of government to tell you how best to live, you have the right to open conflict, because they are misusing the machinery.
What are we supposed to do, Holmes? Make it illegal to vote if you're going to vote Republican? Doesn't that make us as bad as they?
Both republicans and democrats abuse the power of government for social policies, so I wouldn't suggest voting or not voting for either.
What we all have to do is fight for the limitation of government in any way we can. I forgot who said it but they said it right: Ballot Box, Jury Box, Cartridge Box.
That is exactly what we have.
(added in)
I think the government is not there to make sure everyone WILL live in a fashion that is best for themeslves and everyone else.
The government is there to make sure anyone can live the best or worst life imaginable, and not affect others in a significant manner.
This message has been edited by holmes, 08-09-2004 05:34 AM

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 41 by crashfrog, posted 08-08-2004 7:05 PM crashfrog has replied

Replies to this message:
 Message 55 by crashfrog, posted 08-09-2004 5:02 PM Silent H has replied

  
joz
Inactive Member


Message 52 of 85 (131833)
08-09-2004 10:32 AM
Reply to: Message 7 by michaelxfloyd
08-06-2004 8:10 PM


Re: hmm
No. I don't think it's the state's business at all. The state should only recognize individuals and shouldn't grant/deny privaleges based on sexuality or marital status.
How about people from other countries who have relationships with Americans?
How do they get to stay in this country?
I'm with you in principle but there are some problematic details that you've skipped over....

This message is a reply to:
 Message 7 by michaelxfloyd, posted 08-06-2004 8:10 PM michaelxfloyd has replied

Replies to this message:
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crashfrog
Member (Idle past 1486 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 53 of 85 (131850)
08-09-2004 11:20 AM
Reply to: Message 44 by Rrhain
08-09-2004 2:43 AM


Just because the majority of the population want to do something doesn't mean they are allowed to do it.
Just because you refute an argument in a reply to me doesn't mean I made that argument.
Why do you have to get married to the person in order to fulfill the regulations?
Why not? What business do people have sponsoring people that aren't their spouses?
Why treat marriage as a panacea when it clearly isn't?
Well, I didn't say it was a panacea, but in aggregate that sort of relationship has a positive effect.

This message is a reply to:
 Message 44 by Rrhain, posted 08-09-2004 2:43 AM Rrhain has replied

Replies to this message:
 Message 82 by Rrhain, posted 08-20-2004 5:53 AM crashfrog has not replied

  
crashfrog
Member (Idle past 1486 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 54 of 85 (131851)
08-09-2004 11:26 AM
Reply to: Message 46 by Rrhain
08-09-2004 2:51 AM


Obviously not or I wouldn't have to keep mentioning it.
You've been known to repeat answered questions before...
Then why do they have such a hard time finding someone to go along with it? That last, after all, is illegal.
People are picky. Marriage is considered a Big Deal. People don't like to enter it impulsively, unless they're in Las Vegas.
Bullshit.
http://entertainment.news.com.au/...
{Shortened display form of URL, to restore page width to normal - Adminnemooseus}
If you really believe that, why did you get married to the person you wanted to get married to and not some random stranger on the street?
Because I'm picky.
I was pointing out that your claim of "you can get married tomorrow if only you weren't so picky" is disingenuous at best.
Well, except for that caveat, what I said was true. Hopefully that's a situation we can correct.
They're not having sex, but they should deserve all the benefits of what we would call "marriage."
Should they? Didn't we determine sometime before that marriage is a sexual relationship?
This message has been edited by Adminnemooseus, 08-10-2004 05:47 AM

This message is a reply to:
 Message 46 by Rrhain, posted 08-09-2004 2:51 AM Rrhain has replied

Replies to this message:
 Message 83 by Rrhain, posted 08-20-2004 6:02 AM crashfrog has replied

  
crashfrog
Member (Idle past 1486 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 55 of 85 (132009)
08-09-2004 5:02 PM
Reply to: Message 51 by Silent H
08-09-2004 6:28 AM


Absolutely, but "rule what?" is the question, and the answer is "not me".
Hrm... you don't think you have to be ruled? You don't think limits should be placed on what you can and cannot do?
Perhaps I misundertand you here.
Not to sound condescending but it does sound like you haven't read much of the history of the Constitution and its makers.
Well, I'm no historian, but neither am I completely ignorant of our nation's history.
They had just come out of having their lives micromanaged and were set to have that removed from possible control by the government.
Are you sure? I hardly think the purpose of our Constitution is to avoid all laws altogether; rather, it seems to have the purpose of providing a framework for the laws we want, not the laws that the King thinks are best (for him.)
If the people are in agreement on something in the majority you suggest, on a social issue, then why would they need laws at all to support it?
Why would you assume that people will always do what is best for themselves? Plenty of people do things they know are wrong or detrimental; but they do them anyway.
You seem to be missing the very real point here. We are talking about a real, physical resource.
I realize that. But changing how that resource is used and viewed by society is still changing social policy.
The Constitution bars them from using the machinery to implement social policy as they think best.
Where, exactly?
The government is there to make sure anyone can live the best or worst life imaginable, and not affect others in a significant manner.
But you only think that because to you, that's the best social policy for the government to follow.
Is it possible we mean two different things by "social"?

This message is a reply to:
 Message 51 by Silent H, posted 08-09-2004 6:28 AM Silent H has replied

Replies to this message:
 Message 57 by Silent H, posted 08-09-2004 7:45 PM crashfrog has replied

  
michaelxfloyd
Inactive Member


Message 56 of 85 (132011)
08-09-2004 5:04 PM
Reply to: Message 52 by joz
08-09-2004 10:32 AM


Re: hmm
I guess that they would apply for citizenship like any other individual.

the world is a fine place and worth fighting for

This message is a reply to:
 Message 52 by joz, posted 08-09-2004 10:32 AM joz has not replied

  
Silent H
Member (Idle past 5838 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 57 of 85 (132084)
08-09-2004 7:45 PM
Reply to: Message 55 by crashfrog
08-09-2004 5:02 PM


you don't think you have to be ruled? You don't think limits should be placed on what you can and cannot do?
No, I do not have to be ruled. There do have to be limits placed on activities which by their nature are me infringing on other individual's soveriegnty. That is not ruling me when it is the very protection I take for myself.
In addition, and this is supposed to be most of the law, there are rules regarding management of resources and property. That is not ruling me, but a kind of game theory on how best to regulate property (these include driving laws) so that it is simply not chaotic structure.
Again, all of this is different than the government trying to prop up religious or social institutions because most people think its beneficial to "society".
Well, I'm no historian, but neither am I completely ignorant of our nation's history.
I don't believe you are wholly ignorant of anything. But I am being straight when I say you are making commentary about what the nature of "government" is, that seems in contrast to what our FF's said.
Are you sure? I hardly think the purpose of our Constitution is to avoid all laws altogether; rather, it seems to have the purpose of providing a framework for the laws we want, not the laws that the King thinks are best (for him.)
Not all laws are supposed to be avoided. I have already in this debate talked about laws which are the kind permitted by the Constitution.
I have also pointed out that the Bill of Rights shows what laws are NOT permitted. The FF's set precedent within their own writings and administrations as to what they meant.
It was not simply the removal of a King's desires over men. It was also the removal of tyranny by a majority over a minority. Many things majority rule wins the day. Anything which crosses the Bill of Rights does not.
Why would you assume that people will always do what is best for themselves? Plenty of people do things they know are wrong or detrimental; but they do them anyway.
I am not assuming anything in reality, just in the hypothetical. If they all agree then there would be no reason for a law. Unless you are suggesting people will agree in word, but backslide when it comes to what they do. I think that raises the question if they really believe in it (past lip service), and whether laws will make any difference anyway.
I realize that. But changing how that resource is used and viewed by society is still changing social policy.
I have no clue what you mean by "viewed by society", reality is not up in the air. If society is NOT viewing reality then that is a problem. Whether marriage is better is not reality, it is subjective opinion. Whether oil will run out, or the deleterious effects of large amounts of hydrocarbons being burned in urban conjestion, is reality whether anyone wants to believe or not.
Where, exactly?
The Bill of Rights. This is not a facetious answer. It is the very thing that the SC uses to formulate opinions on laws pertaining to "social issues".
I will repeat again, you should check out decisions regarding pornography. While in the beginning your attitude toward government held sway, it has slowly shifted as justices began recognizing the holes in the arguments of their predecessors. And I should add the hypocrisy.
Some of the latest rulings have been brilliant, with a very few dissenters (led by Scalia) voicing your stated version of the role of government.
But you only think that because to you, that's the best social policy for the government to follow.
No. For a couple reasons.
1) I am stating fact. That is what's in the Constitution, backed by the words and deeds of the framers, and discussed in SC decisions. Whether I like it or not that is what is on the ground.
2) I have no idea whether that is the best social policy for any government to follow. For all I know the best social policy is a feudal monarchy or dictatorial regime (they certainly seem to have high productivity and some have been quite good for their citizens).
There is no question that I like the stated system, and I think it is a brilliant system if one is interested in concentrating on protecting the rights of individuals. But that is a choice and not an objective best social policy.
Indeed, the amount of times people get upset because they can't change what other people think, say, or do shows that many do not find it satisfactory at all.
Is it possible we mean two different things by "social"?
I don't think so, but it is a possibility. By social, I generally mean social constructs regarding how people live their lives... like how they think, speak, act towards themselves and others.
Thus the BoR restricts laws from touching most "social policy" issues. Of course it still takes someone to challenge a law, a court to hear it, and a jury or justices that are not prejudiced or hypocritical in some way and so find it unconstitutional.
Right now legislators are enacting all sorts of knee jerk social policy laws and having their ass handed to them by the SC. I am hoping this continues.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 55 by crashfrog, posted 08-09-2004 5:02 PM crashfrog has replied

Replies to this message:
 Message 58 by crashfrog, posted 08-09-2004 8:42 PM Silent H has replied

  
crashfrog
Member (Idle past 1486 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 58 of 85 (132120)
08-09-2004 8:42 PM
Reply to: Message 57 by Silent H
08-09-2004 7:45 PM


That is not ruling me when it is the very protection I take for myself.
I think that is ruling you, though.
That is not ruling me, but a kind of game theory on how best to regulate property (these include driving laws) so that it is simply not chaotic structure.
That's us being ruled again, though.
You can say it's not, but it's pretty clear to me that that's "being ruled." An authority is setting rules for you to follow. The fact that you elected the authority and you agree with the rules doesn't change the fact that you're being ruled.
By analogy, a cage is still a cage even if you don't want to leave.
But I am being straight when I say you are making commentary about what the nature of "government" is, that seems in contrast to what our FF's said.
Well, I'm no expert on the statements of the framers. If you feel their statements directly contradict what I'm saying, you're free to quote them.
Many things majority rule wins the day. Anything which crosses the Bill of Rights does not.
Ok, but I've never advocated that the majority should always get its way. Democracy doesn't mean that the majority always has its way; it means that the people rule themselves.
That requires compromise, as people don't always (ever?) agree on what should be done. The structure of our government is that compromise in action; sometimes the compromise is "majority rule." Sometimes the compromise is "protecting minorities." Sometimes the compromise is "that's forbidden by the Bill of Rights."
Every one of these is democracy in action.
The Bill of Rights.
Erm, ok, well, where in the Bill of Rights, then? Specifically, where in the Bill of Rights is the government barred "from using the machinery to implement social policy as they think best."
By social, I generally mean social constructs regarding how people live their lives... like how they think, speak, act towards themselves and others.
See, I meant it in the much more general sense of "what people do."
Right now legislators are enacting all sorts of knee jerk social policy laws and having their ass handed to them by the SC. I am hoping this continues.
Me too. Contrary to what a lot of conservatives think that's the democratic process in action.

This message is a reply to:
 Message 57 by Silent H, posted 08-09-2004 7:45 PM Silent H has replied

Replies to this message:
 Message 59 by Silent H, posted 08-10-2004 6:38 AM crashfrog has replied

  
Silent H
Member (Idle past 5838 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 59 of 85 (132282)
08-10-2004 6:38 AM
Reply to: Message 58 by crashfrog
08-09-2004 8:42 PM


You can say it's not, but it's pretty clear to me that that's "being ruled." An authority is setting rules for you to follow. The fact that you elected the authority and you agree with the rules doesn't change the fact that you're being ruled.
I think a large problem here may be in how we define "being ruled".
To start with I would not agree that in the US an authority has the ability to set rules for you to follow. What they should be doing, when it comes to interacting with others or onesself, is setting the bounds of where your actions intersect with the soveriegnty of others. If you have rights and they have rights, there is a point where your exercise of rights may come into conflict with someone else's, and a border is drawn.
That is different than instructing a person that "these are the rules" because "if you act this way society believes it will serve a greater end."
On property management, and regulations of property usage, those are practical measures born pretty much of necessity. It would be chaos if roads were laid haphazardly and how one can drive is left up to the individual. If a city is going to build a road for practical purposes, it needs rules for them for practical purposes.
That's about the closest we get to laws setting "rules" for people.
But that would still not exactly appear to me as society "ruling" people. For me "ruling" means forcing lifestyles and/or belief systems on another which have no practical necessity for the continued functioning of society.
Well, I'm no expert on the statements of the framers. If you feel their statements directly contradict what I'm saying, you're free to quote them.
I kind of wished you'd go out and look for yourself, but collecting some quotes has been something I've wanted to do, but been too lazy. Maybe I'll drag some up over the next week or so.
Democracy doesn't mean that the majority always has its way; it means that the people rule themselves.
I don't want to play semantics here but literally democracy does mean that. Unless one limits democracy, or in our case limits a republic, it is majority rule.
The structure of our government is that compromise in action; sometimes the compromise is "majority rule." Sometimes the compromise is "protecting minorities." Sometimes the compromise is "that's forbidden by the Bill of Rights."
Well I'd go a bit further. LIFE is compromise in action, as ANY government including total dictatorships only exist by compromise of majorities.
This does not change the fact that in the US, the Constitution created a government with specific boundaries. The framers noted that the tendency will be for people in power to cross those boundaries. The extent to which people give up their rights freely (let them cross those boundaries) is a compromise, but it is quite accurately called unconstitutional. They are abandoning the government that was chosen to be the government of the US.
Erm, ok, well, where in the Bill of Rights, then? Specifically, where in the Bill of Rights is the government barred "from using the machinery to implement social policy as they think best."
That's not seeing the forest for the trees. You are asking a very general question, which is addressed by the whole of the BoR (the forest). Pick a specific policy and I'll find you a right (a tree).
See, I meant it in the much more general sense of "what people do."
Okay, so what should I call social policies that relate to intangible, subjective beliefs for what how others should "best" live their lives? I am willing to change terms, but my argument will remain.
Contrary to what a lot of conservatives think that's the democratic process in action.
Well, to me its more the power of the individual OVER a democratic republic government.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 58 by crashfrog, posted 08-09-2004 8:42 PM crashfrog has replied

Replies to this message:
 Message 60 by crashfrog, posted 08-10-2004 12:28 PM Silent H has replied

  
crashfrog
Member (Idle past 1486 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 60 of 85 (132352)
08-10-2004 12:28 PM
Reply to: Message 59 by Silent H
08-10-2004 6:38 AM


I think a large problem here may be in how we define "being ruled".
It would seem that way; every time you've stated "we're not 'ruled', we're in situation X", situation X has been a situation I would describe as being "ruled."
Like this:
To start with I would not agree that in the US an authority has the ability to set rules for you to follow. What they should be doing, when it comes to interacting with others or onesself, is setting the bounds of where your actions intersect with the soveriegnty of others.
Right. Those bounds would be the "rules."
For me "ruling" means forcing lifestyles and/or belief systems on another which have no practical necessity for the continued functioning of society.
Oh. Well, I certainly wasn't talking about that. But there are lifestyles that the government specifically outlaws; i.e. the criminal lifestyle.
Maybe I'll drag some up over the next week or so.
No rush. I'm fairly sure I'm in over my head here; I doubt I'm going to be able to keep up in this topic for a whole lot longer.
I don't want to play semantics here but literally democracy does mean that.
No, literally "democracy", which comes from the greek "demos" (people) and "kratos" (rule), means "the people rule."
Majority rule is simply one form of democratic decision-making, perhaps the most obvious, but it is by no means the only form.
Pick a specific policy and I'll find you a right (a tree).
Oh, well, that's something else. You seemed to be saying that the Bill of Rights is a blanket prohibition against governments doing what I say they do all the time; influence what people do.
Okay, so what should I call social policies that relate to intangible, subjective beliefs for what how others should "best" live their lives?
That isn't still "what people do"? Having a belief isn't something people do?

This message is a reply to:
 Message 59 by Silent H, posted 08-10-2004 6:38 AM Silent H has replied

Replies to this message:
 Message 61 by Silent H, posted 08-10-2004 12:48 PM crashfrog has replied

  
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