03-05-2009, 05:32 PM | #41 | |
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Second, I'm speaking of a more general concept because I, like you, am no lawyer. If a judge's decision should take primacy over a constitutional amendment in the name of minority rights, who protects the majority from a tyranny of the minority?
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03-05-2009, 05:52 PM | #42 |
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Wasn't Prop 8 a response to some judges overruling a prior ballot initiative? Aren't we right back where we started?
If someone is against judicial review of this sort, why wouldn't that person also be a strong supporter of prop 8, since it was essentially an effort to restore the original will of the majority which had been usurped by judges? How does this review differ from the earlier review?
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03-05-2009, 06:02 PM | #43 | |
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I don't (and didn't) oppose the judges' rights to review Prop 22, though I think they came to the wrong decision, in a 4-3 vote I might add.
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03-05-2009, 06:12 PM | #44 | |
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Does the U.S. Constitution allow for amendment by simple majority vote? You're looking at the California amendment through a federal Constitutional lens. I agree. The California amendment process sucks - it should be much more difficult to amend it. But that's how it is, and if it's that easy to amend it, why shouldn't it be more susceptible to review by the California Supreme Court?
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03-05-2009, 06:19 PM | #45 | |
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Prop 22 was overturned on the grounds that it was unconstitutional. So pro-marriage forces got it added to the constitution. Now what's the argument ... that the constitution is unconstitutional?
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03-05-2009, 06:22 PM | #46 | |
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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.
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03-05-2009, 06:31 PM | #47 | |
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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.
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03-05-2009, 06:38 PM | #48 | |
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03-05-2009, 06:43 PM | #49 |
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I don't like it, either. But I'd rather it lay with the three branches of government, rather than with the people who spend the rest of their time watching reality shows and wrestling.
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Get your stinking paws off me, you damned, dirty Yewt! "Now perhaps as I spanked myself screaming out "Kozlowski, say it like you mean it bitch!" might have been out of line, but such was the mood." - Goatnapper "If you want to fatten a pig up to make the pig MORE delicious, you can feed it almost anything. Seriously. The pig is like the car on Back to the Future. You put in garbage, and out comes something magical!" - Cali Coug |
03-05-2009, 07:01 PM | #50 | |
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This is how people think who are unable to convince others to agree with them.
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