tag:blogger.com,1999:blog-14162253.post5538221204754099098..comments2024-03-27T08:39:28.807-06:00Comments on Wash Park Prophet: Does NC Prop 1 Violate The First Amendment?Andrew Oh-Willekehttp://www.blogger.com/profile/02537151821869153861noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-14162253.post-62474569843327421022012-05-14T12:23:54.945-06:002012-05-14T12:23:54.945-06:00In my (minority) opinion, the Second Amendment lie...In my (minority) opinion, the Second Amendment lies outside the question of incorporation because it states it is "necessary to the security of a free State" and uses the passive voice for the enforcement ("shall not be infringed"). I.e. besides being a "natural right" as many claim, the text itself suggests that the federal government has an interest in ensuring all the states remain free, and that if the states were to infringe upon this it would jeopardize the federal government. This is in contrast of course to the First Amendment which ascribes enforcement to Congress, placing it solidly as a limitation only upon the federal government (until the Fourteenth Amendment came along).Michael Malakhttps://www.blogger.com/profile/10007582156392845677noreply@blogger.comtag:blogger.com,1999:blog-14162253.post-89142959555339375302012-05-14T10:52:57.881-06:002012-05-14T10:52:57.881-06:00Of course, anti-incorporatitionists tend not to be...Of course, anti-incorporatitionists tend not to be so vehement when incorporation of the Second Amendment is the issue.<br /><br />Policy usually trumps process.Andrew Oh-Willekehttps://www.blogger.com/profile/02537151821869153861noreply@blogger.comtag:blogger.com,1999:blog-14162253.post-5060585229408455542012-05-11T19:24:19.684-06:002012-05-11T19:24:19.684-06:00Although as a Catholic I don't think gay marri...Although as a Catholic I don't think gay marriage should be legal, I have to admit Prop. 1 and other bans are unconstitutional.<br /><br />Those who are in favor of gay marriage bans act as if "Judeo-Christianity" is the official state religion, which of course is prohibited by the U.S. First Amendment.<br /><br />Digression: North Carolina has its own constitutional freedom of religion, but presumably Prop 1 carves out an exception for marriage, so gay marriage advocates would have to rely on the U.S. Fourteenth Amendment incorporation of the U.S. First Amendment, which practically speaking is a strong leg to stand on (though of course abhorrent to the anti-incorporatists, a set which somewhat overlaps the anti-gay marriage set).Michael Malakhttps://www.blogger.com/profile/10007582156392845677noreply@blogger.com