(no subject)

[eggwards]

If the Federal Marriage Amendment were to pass (it's up for debate in the US Senate this week), can I sue the government for infringing on my right to pursue happiness?

Comments

[goofybearz.livejournal.com]

You can try

[werecub.livejournal.com]

unfortunatley, you could't.

We are not garunteed life, liberty, and the pursuit of happiness, it was just the reason why the colonies broke away. Or so they said.

"WE hold these truths to be self evident ..." This is the start of the declaration of independence, and while it is an important document it has no legal bearing on our country.

Instead we turn to "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

So, yes we are granted: justice, tranquility, defense, welfare, liberty, but no right to pursue happiness. Nor are we really ensured life either.

So, it's a raw deal, we wanted life, liberty, and the pursuit fo happiness, instead we just got liberty.

[ohberon.livejournal.com]

Additionally, if it is in the Constitution there is no one to take the problem too.

The Supreme Court can only determine if something is within the Constitution's bounds, not what can go in the document. That is why it is so difficult to get it amended.