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Old 03-05-2009, 03:40 PM   #17
Archaea
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Quote:
Originally Posted by Cali Coug View Post
Elections can't overturn everything. You know that. This case will decide, in part, whether the rights of homosexuals can be removed by a vote of the people (effectively deciding if they are a protected class under California's Constitution). That isn't entirely clear. There is also a procedural aspect to the case which the judges will decide. There are several examples in history that even you would acknowledge involved a judge properly revoking the will of the people because their will was opressive/unconstitutional.
This is absurd, and you know it Cali.

It is one thing for a statute to be determined unconstitutional when it is viewed against the existing Constitution. That is what we expect of our highest reviewing jurists.

It is quite another thing for these jurists to declare that changes duly adopted are unconstitutional as compared to some nebulous "higher law" constitution, one unwritten except in the minds of the all powerful jurists.

They are creating bullshit out of thin air because they don't like the results of the elections to change the Constitution. Bullshit, but bullshit walks in California.
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