Quote:
Originally Posted by Jeff Lebowski
Disclaimer: I am not an attorney so this is not my area of expertise.
Sincere question:
We seem to "rallying around the constitution" here. We are talking about the Calif. state constitution, not the US constitution. The US constitution can never be changed in this manner, so it makes senses that the rules would be different. If you believe that state-by-state voter referendums ("referenda"?) that change state constitutions should never be reviewed by the courts, how could the courts ever go about protecting minority rights?
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On what grounds? I'm not opposed to protecting minority rights in principle, but there should be rules governing how that happens. Judges don't get to act independent of law just because they disagree with the majority.
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