Posts Tagged ‘law geekery’


On Gay Marriage, or: Man, Those Are Some Terrible Arguments

May 10, 2012

Between the people of North Carolina voting (without really understanding) to outlaw something that was already illegal, 30 of the 33 Republican representatives in Colorado hijacking the legislative process to prevent something that 71% of Coloradans approve of, and the President of the United States coming out in support of gay marriage, today seems like as good of a day as any to flesh out a post that’s been kicking around in my head for some time.  Specifically, I’m talking about the absurdity of the arguments against marriage equality.

Let me back up.  Despite the fact that I wholeheartedly support marriage equality for same-sex couples, it’s not a topic that seems to come up much when talking or writing about Arkansas politics.  I’m not sure whether to chalk that up to my being a straight, married guy or to the fact that Arkansas (like Georgia) is so very backward in many ways, but it’s true nonetheless.  Whenever it does come up, however, I am always flabbergasted by the arguments — often made by otherwise intelligent people — against marriage equality.  I mean, the arguments in favor of such equality are pretty straightforward.  They tend to be things like equal protection or even “why should I care if two consenting adults want to marry one another?”

The arguments against it, however?  Well, let’s take some of the most popular ones in turn and discuss the inherent flaw(s) in each.

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Article V . . . I Do Not Think It Functions Like You Think It Functions

February 14, 2012

Something that never ceases to amaze me about the current crop of Republicans, especially in Arkansas, is their complete acquiesence to whatever the trendy group-think idea is. There’s no room (or, perhaps more accurately, ability) in their ranks for critical thinking; the corporate or special-interest overlords take care of that part, and they feed the message to willing Republicans like a mama bird regurgitating soundbite-sized chunks.

It should come as no surprise, then, that the posterchildren for this non-thinking group of Tea Party-backed Republicans[1] have pre-filed Joint Resolution #1, which is a call for a constitutional convention to pass an amendment to the U.S. Constitution that would require the federal government to get state approval before it could raise the national debt. This resolution, already adopted in North Dakota and Louisiana, is the pet project of a group called RestoringFreedom.Org. To hear tell it — and to hear the Arkansas Republicans parrot — this amendment is necessary because Congress is not going to stop spending, and only by using the constitutional power of states to propose an amendment can we be sure that the out-of-control spending in Washington will cease.

Ignoring for a moment the fact that the idea behind RestoringFreedom.Org is supported by ALEC (among others), I can see at least two problems with the effort itself. First, an amendment-proposing convention under Article V of the Consitution cannot be limited to a single subject matter, meaning that calling a convention to consider this amendment would necessarily require that the convention consider any and all amendments that might be proposed, which could lead to some unintended consequences. Second, if this amendment passed, you would either create a situation where the government was forced to raise taxes or you would effectively return to an Articles of Confederation-style situation where the government lacked the ability to raise the money it needed.  We’ll tackle each of these in turn.

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