Quote:
Originally Posted by Archaea
Here's the part which is weird for me. If the US Constitution is amended, the Supremes, to my knowledge, have not be involved much in reviewing the legitimacy of the Amendment, i.e., throwing it out or confirming, but in interpreting them.
Here the Cal Supremes are being ask to throw out the Amendment, that's plain weird. You are endowing the Justices with power not normally seen elsewhere. In reality, your Justices are far more powerful than any around. It's contrary to normal judicial experience.
|
On the other hand, you can argue that the people in California have far more power in California than they do elsewhere. 500 constitutional amendments!
Think about it - The federal government and most state governments are based in the three branches with their checks and balances for the creation, enforcement, and interpretation of laws: the legislative, the executive, and the judicial. Which of those branches participated in the passage of Prop. 8? None of them.
California has a long history of the state Supreme Court reviewing amendments and revisions, and it is beyond question that it does have that authority under the California Constitution. It is a check on the great power that the people of California have in passing amendments to the constitution.