Quote:
Originally posted by toxic515
Amendment IX:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
well, so what?.. you might ask. Well so right there before you, in the form of a couple of 200+ year old phrases captures the essense of how the government should, or CAN legally approach the issue of gays, etc. The government has no power to tell people what to do except in areas specifically authorized in the Constitution.
That means it has no right to tell people whether or not they can engage in homosexual acts; no right to invade our privacy; no right to manage our health-care system; no right to tell us what a marriage is; no right to run our lives; no right to do anything that wasn't specifically authorized in the Constitution.
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no, the
central government doesnt have the right to do any of that stuff, but it certainly doesnt prohibit the states from doing it.
this needs to be linked thru the 14th, so states have to follow this also, and i dont think it's been applied to the states yet