Difference between revisions of "American Government and the Constitution Lecture Twelve"
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===Same-sex marriage=== | ===Same-sex marriage=== | ||
| − | Same-sex marriage - decision by the U.S. Court of Appeals for the Sixth Circuit created a Circuit split, virtually | + | Liberals want the federal courts to declare that the Constitution establishes a constitutional right to same-sex marriage. The Constitution, of course, does not create any right to same-sex marriage in the document. Same-sex marriage is contrary to the original intent of the Framers, and it is not supported by the text of the Constitution. Under any conservative approach to interpreting the Constitution, it does not establish a right to same-sex marriage. |
| + | |||
| + | But that does not stop the powerful liberal movement that wants same-sex marriage. Under an "evolving" theory of constitutional interpretation, liberals insist that the Constitution should "evolve" to establish a right to same-sex marriage. The vague language in the 14th Amendment about "equal protection" should be interpreted, according to liberals who support same-sex marriage, to include equal protection for people of the same gender who seek to be married to each other. | ||
| + | |||
| + | This is the biggest issue in the federal court system today. Numerous lawsuits are proceeding through the federal district courts and U.S. Courts of Appeals in an attempt to establish a constitutional right to same-sex marriage. Typically the lawsuits are brought by homosexual couples who say they want to be married, but that the law does not yet allow them to be married. They argue that their constitutional rights are violated by not being able to get married. They insist this violated "equal protection of the law" for a state to allow traditional marriage between a man and a woman, but deny same-sex marriage between a man and a man (or between a woman and a woman). | ||
| + | |||
| + | The media (television, newspapers, magazines, etc.) have increasingly sided with same-sex marriage, heaping praise on anyone who supports it while speaking badly of anyone who opposes it. Over time, this has an effect on public opinion, which slowly shifts to the viewpoint preferred by the media. This fickleness of public opinion is one reason the Framers opposed democracies. | ||
| + | |||
| + | Under the "evolving" view the Constitution, the meaning of the Constitution should change somewhat as public opinion changes. Conservatives oppose that view of the Constitution, but at this time conservative judges are in a minority in the court system. Lawsuits demanding a constitutional right to same-sex marriage have been winning nearly every time. | ||
| + | |||
| + | But in Fall 2014, a 2-1 decision by the U.S. Court of Appeals for the Sixth Circuit ruled against a lawsuit seeking a right to same-sex marriage. This created a "Circuit split," and virtually ensured review of this issue by the U.S. Supreme Court. It is expected that the U.S. Supreme Court will "grant cert" on this issue and render a decision by June 2015. If there is a delay either by the Court or by the attorneys handling the case, then a decision may not occur until next year's Term of the Supreme Court, which ends in June 2016, which is also a presidential election year. | ||
===Abortion=== | ===Abortion=== | ||
Revision as of 17:19, December 11, 2014
American Government and the Constitution Lectures: 1-2-3-4-5-6-7-8-9-10-11-12
Current Constitutional Controversies
More than 225 years after the Constitution was ratified, there are many disputes today about how it should be interpreted and applied to important issues. Here are some of the biggest controversies concerning the Constitution today:
- Same-sex marriage
- Abortion
- Gun rights
- Property rights
- Immigration
- Free speech and campaign finance
- Voting rights
Let's discuss each of these issues in connection with the Constitution.
Same-sex marriage
Liberals want the federal courts to declare that the Constitution establishes a constitutional right to same-sex marriage. The Constitution, of course, does not create any right to same-sex marriage in the document. Same-sex marriage is contrary to the original intent of the Framers, and it is not supported by the text of the Constitution. Under any conservative approach to interpreting the Constitution, it does not establish a right to same-sex marriage.
But that does not stop the powerful liberal movement that wants same-sex marriage. Under an "evolving" theory of constitutional interpretation, liberals insist that the Constitution should "evolve" to establish a right to same-sex marriage. The vague language in the 14th Amendment about "equal protection" should be interpreted, according to liberals who support same-sex marriage, to include equal protection for people of the same gender who seek to be married to each other.
This is the biggest issue in the federal court system today. Numerous lawsuits are proceeding through the federal district courts and U.S. Courts of Appeals in an attempt to establish a constitutional right to same-sex marriage. Typically the lawsuits are brought by homosexual couples who say they want to be married, but that the law does not yet allow them to be married. They argue that their constitutional rights are violated by not being able to get married. They insist this violated "equal protection of the law" for a state to allow traditional marriage between a man and a woman, but deny same-sex marriage between a man and a man (or between a woman and a woman).
The media (television, newspapers, magazines, etc.) have increasingly sided with same-sex marriage, heaping praise on anyone who supports it while speaking badly of anyone who opposes it. Over time, this has an effect on public opinion, which slowly shifts to the viewpoint preferred by the media. This fickleness of public opinion is one reason the Framers opposed democracies.
Under the "evolving" view the Constitution, the meaning of the Constitution should change somewhat as public opinion changes. Conservatives oppose that view of the Constitution, but at this time conservative judges are in a minority in the court system. Lawsuits demanding a constitutional right to same-sex marriage have been winning nearly every time.
But in Fall 2014, a 2-1 decision by the U.S. Court of Appeals for the Sixth Circuit ruled against a lawsuit seeking a right to same-sex marriage. This created a "Circuit split," and virtually ensured review of this issue by the U.S. Supreme Court. It is expected that the U.S. Supreme Court will "grant cert" on this issue and render a decision by June 2015. If there is a delay either by the Court or by the attorneys handling the case, then a decision may not occur until next year's Term of the Supreme Court, which ends in June 2016, which is also a presidential election year.
Abortion
Gun rights
Property rights
Immigration
Free speech and campaign finance
Voting rights
James Madison's rejected amendments for the Bill of Rights
1. "No person religiously scrupulous of bearing arms shall be compelled to render military service in person." (a conscientious objector)
2. "No State shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases." [Madison called this guarantee, extending protections of the First Amendment and the jury trial right of the Sixth Amendment to the states, "the most valuable amendment in the whole lot." It passed the House, but was rejected by the Senate.]
Additional Amendments
In less than eight years -- from 1913 to 1920 -- four major amendments were added to the Constitution: the 16th, 17th, 18th, and 19th amendments. We have already discussed the 16th and 17th Amendments (do you recall what they were?), so now we review the 18th and 19th Amendments.
The numerous amendments to the Constitution
A 27th Amendment??
<explain political parties>
<explain polling>
<explain the media>
<explain cases concerning constitutional rights in campaigns>