Referendums Quotes
Opposing electronic town meetings and referendums:
This quotation illustrates the brilliance of Scalia. He was in the minority of the Justices when he opposed gay marriage. However, instead of just writing a caustic dissent—which he did—he posed this question to one of the most brilliant attorneys in the country who was arguing the case for gay marriage. Clearly, gay marriage was not considered unconstitutional when the Founding Fathers wrote the Constitution. It is almost certain that no one in those times even considered such a prospect. However, by 2013 a number of states had allowed gay marriage, and the majority of Americans favored it. The best Olsen could answer was “There us no specific data in time. This is an evolutionary cycle”. Despite his oratory tour de force, Scalia was again in the minority and his view did not prevail. Public opinion had clearly changed, and most judges believed that the interpretation of the Constitution most also change and there is no more a specific time to say exactly when that change took place than there is to say exactly when America concluded that the nation should have Prohibition or any other social norm.
An earlier version was written by Congressman Louis L. Ludlow, 1873-1950—see his quotation about it—{39681}. The proposed amendment was narrowly defeated.
“Wets” were opposed to Prohibition while “drys” were in favor. The Ohio legislature ratified the 18th amendment to the Constitution enacting Prohibition, but in a statewide referendum, the people voted against it. The Supreme Court ruled that regardless of the will of the populace, it is only the legislature that could ratify or not ratify a Constitutional amendment passed by Congress.
These were the same issues that were being fought over in every industrialized nation at the time.
Although it had conservative and progressive support, there was opposition in the middle and the vote failed in the House 188 to 209. See Hamilton Fish for the amendment text.
Some were calling for a national referendum be taken to determine American policy regarding participating with the League of Nations or other international organizations.