Page 176 - Due Process Clause News Today

Its way up to the supreme court. what do you think will happen. >> i dont know if it will wind its way up to the supreme court. having seen what the basis is for the opinion. they crafted a pretty narrow opinion. and there is spexz that they did that with the expressed goal of dissuading the united states supreme court. >> bill: they dont want the supreme court overturn them. >> they have may have succeeded. its no the this broad based opinion saying equal protection clause and due process claus...

Its way up to the supreme court. what do you think will happen. >> i dont know if it will wind its way up to the supreme court. having seen what the basis is for the opinion. they crafted a pretty narrow opinion. and there is spexz that they did that with the expressed goal of dissuading the united states supreme court. >> bill: they dont want the supreme court overturn them. >> they have may have succeeded. its no the this broad based opinion saying equal protection clause and due process claus...

And struggle. >> without some risk. >> it hasnt. everything that we have gone through in our nation, whether it be rights for women, rights for gays, all of these things that made our nation what it is, those all came with struggle and have shaped who we are as a nation and as a people. megyn: can they make that argument? >> agree or disagree, its a compelling and i think viable argument. the fact that there is a due process clause, should the government be telling us what to do, how to act, who...

>> im just teasing, playing steve colbert here for a minute. >> let me ask you about the key question. first, joe, youve been following this. let me start with clarke because this is sort of a republican question. scalia, ive always watched him. after the lawrence case on sodomy back a couple years ago he said this opens the door to perhaps a view under the liberty clause, under the due process clause, of perhaps opening up the gay marriage under the constitution as a right. he saw it coming. wh...

Were talking about inalienable rights here. its not part of the preamble but a conservative tenet, individual liberty, individual responsibility. the case certainly can be made, and it will be made. mr. olsen has already made it once and will continue to make it if theres an appeals process. >> unless the crazies in your party get rid of the 14th amendment and then youll have problems, right? >> i dont think -- actually theres not an official move to withdraw any amendments at this time. nice tr...

Steve colbert here for a minute. give me a break >> yeah >> let me ask you about the key question. first, joe, youve been following this. let me start with clarke because this is sort of a republican question. scalia, ive always watched callia. after the lawrence case on sodomy back a couple years ago he said this opens the door to perhaps a view under the liberty clause, under the due process clause, of perhaps opening up the gay marriage under the constitution as a right. whether he likes what...

Will say if perry versus schwarzenegger does go up to a higher level, if its escalated up to a supreme court case, that will be part of the argument that was made at a lower federal court, that it is against the constitution. were talking about inalienable rights here. its not part of the preamble but a conservative tenet, individual liberty, individual responsibility. the case certainly can be made, and it will be made. mr. olsen has already made it once and will continue to make it if theres a...

Donation of a log cabiner. thats a police officer in schenectady, new york, or a schoolteacher in lawrence, kansas, so, yeah, grass roots is on board. weve been on board. this is not new news. >> youre saying all kinds of people can be gay? >> sure. >> im just teasing, playing steve colbert here for a minute. >> let me ask you about the key question. first, joe, youve been following this. let me start with clarke because this is sort of a republican question. scalia, ive always watched him. afte...

Marriage in california could some day change the law of the entire land. what is the next legal step? how far might this go? knocks news legal analyst bob massey was in the san francisco courtroom to hear the arguments over prop 8, he is joining us now. >> reporter: hey, jon. jon: hey, bob. the judge issued some pretty strong language, pretty strong points i guess in throwing out proposition 8. >> reporter: he did. jon: what is a major one in your mind. >> reporter: the due process of law argume...

Practical application of gun restrictions. >> its an activist decision, talking about activism, to extend it from the federal government to all the states, through the due process clause of the 14th amendment. andrea, i believe that the answer to violent crime really lies in a number of directions. one is tough sentences for tough criminals to get the criminals off the streets, and realistic rehabilitation and job training and the prevention of crime. i have been pushing very hard on mentoring, ...