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#21 |
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So you're stating that effectively, the power to regulate marriage resides with the federal government? Thank you. |
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#25 |
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#26 |
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#27 |
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#28 |
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It's not a regulation, it's a political condition. Once a state joins the Union, it is equal to all the other states. That's been the procedure since the Enabling Act of 1802. I thought you knew at least that much about US History. |
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#29 |
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#32 |
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#33 |
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You've already demonstrated that you don't understand how the US government works. I'm not sure how you intend to teach it. Do you simply read from the textbook? Actually, I got permission to revise the curriculum my first year. We go quite a bit more in depth.
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#34 |
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And the fact that Texas, (and California) for that matter weren't under the common law has some consequences for the legal system in both. Specifically provisions for the Catholic church. Recall that the Mexican constitution provided for government support of Catholicism, something that wasn't present in most of the United States. |
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#35 |
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Oh my God, you're worse than Oerdin. The only state with any trace of civil law left is Louisiana. Every other state is fully common law. Let me reiterate: It does not matter if a state was once a territory, or fully sovereign. Once they join the Union, all states are equal. It's only when they apply to join the Union that Congress can impose conditions on their application for statehood. Congress could deny admission to the Union because of the political beliefs of the constituency (as it often did balancing Free and Slave states prior to the Civil War), but once that state is in, it can't be ****ed with. |
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#36 |
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Oh my God, you're worse than Oerdin. The only state with any trace of civil law left is Louisiana. And did that happen overnight? No. They specifically changed the laws to reflect these changes over time. How they changed these laws, and when - does have bearing wrt to the English Common law. They have to explicitly say that "this jurisdiction is under English Common Law", before that can be applied. Sure, it means going back to those boring things like the Texas constitution, and what happened during reconstruction - but these things have to be looked at!
Every other state is fully common law. Let me reiterate: It does not matter if a state was once a territory, or fully sovereign. Once they join the Union, all states are equal. It's only when they apply to join the Union that Congress can impose conditions on their application for statehood. Congress could deny admission to the Union because of the political beliefs of the constituency (as it often did balancing Free and Slave states prior to the Civil War), but once that state is in, it can't be ****ed with. Ok, but the fact that certain states did not have this imposed on them through the territorial process is significant. Because it means we have to go back and check and see when this became the law and how that law became the law in the first place. This, btw, is one of the reasons they passed the law back in 1880 banning polygamy outright in the territories. |
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#37 |
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Provisions specifically for the Catholic church in the Texas constitution...? Why do you think Sections 4, 5, 6, 7, 21, 26 exist?
And there we go. Sec. 32. MARRIAGE. (a) Marriage in this state shall consist only of the union of one man and one woman.(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. And there we go. Texas Constitution, but it wasn't there when it was first passed. That's my point - Texas wasn't compelled to recognize laws against bigamy/polygamy, except through the application of federal laws. |
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