2011-02-24, 01:25 AM
kanevaldier Wrote:I am sorry, but when it comes to the government and the things that go in within the government the only way to look at it is constitutional or unconstitutional. The constitution is the supreme law of this country and must be followed when making legislation. The fact is that DOMA and Obama care are both unconstitutional and therefore should be removed. I used the health care part as an example in my original post. He can disagree with the courts all he wants to but that doesnt mean that he can just say screw you, I can do what I want. The courts are there to prevent such arrogance from taking place.
@corn....It is there in the constitution, just not worded the same way I said it. All you need to do is take the time to read it to see that the states and federal government share power but that the federal governements power is limited to the powers given in the constitution only.
The president is essentially saying "I think that DOMA is unconstitutional, but I disagree in that I think the health care program is constitutional." There is an entire 200 years worth of presidents disagreeing with the court system. Now if the health care program makes it to the court system, they can then say it's unconstitutional and make rulings against it, but until they the president can do whatever he wants.
federal law > state law. I think you're mis-interpreting the 10th amendment; it states that any powers not given to the federal government is the state's right. And in that sense, the law is unconstitutional because the federal government was not given the right to define marriage. But this does not mean state law supersedes federal law. Article IV of the constitution says that the constitution is the "law of the land," and most of the time when state and federal laws conflict, federal wins.

