I totally for realz LOL'ed at this. Yes, go right ahead and make a state law saying you don't have to follow Federal. Yes, please do. I was hungry for some popcorn anyway.
This is not the first time Georgia state legislators have tried this - see the deceased Bobby Franklin's attempts to make the DoI and Biblical law the real basis of constitutionality - but I am not worried about it. This shit never gets out of committee.
I hope this helps you. I'm a government major and have taken constitutional law classes.
Georgia cannot ignore or protest any laws that fall under the constitutional amendments. If a decision/law/idea is not listed under the Constitution then per the 10 amendment the state has a right to make a law.
So GA certainly cannot make a law to ignore the US constitution as that's not how the constitution is set up.
It's highly improbable that GA will come out with some outrageous law that will be legal. It's just not likely as MOST (certainly not all) extreme forms of prejudiced, or taking away rights or enforcing laws are outlined in the constitution.
Appreciate the response! So, am I correct in saying that the states that have legalized gay marriage/civil unions are basically invoking the 10th Amendment? Or is that something different altogether?
No this would fall under the 10th amendment, unfortunately. Since there has been no case history or history of gay marriage it's not officially in the constitution and therefore falls to the states.
Would you like my prediction on how gay marriage will go down? :)
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Georgia cannot ignore or protest any laws that fall under the constitutional amendments. If a decision/law/idea is not listed under the Constitution then per the 10 amendment the state has a right to make a law.
So GA certainly cannot make a law to ignore the US constitution as that's not how the constitution is set up.
It's highly improbable that GA will come out with some outrageous law that will be legal. It's just not likely as MOST (certainly not all) extreme forms of prejudiced, or taking away rights or enforcing laws are outlined in the constitution.
Hope this helps. :)
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Would you like my prediction on how gay marriage will go down? :)
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