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			| Adder | 01-07-2009 11:08 PM |  
 Re: Actual Fashion Question
 
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					Originally Posted by Atticus Grinch
					(Post 376714)
				 I, for one, agree with you.  Good friends of mine have asserted with totally straight faces that a majority can't amend the Constitution once a court has found that the minority has suffered an Equal Protection violation because declaring protected classes is "the traditional prerogative of the judiciary." So now we're in Bizarro World where judges are philosopher kings who tell us, based not on constitutional text but principles of Natural Law, when a constitutional amendment is itself unconstitutional.
 I prefer the argument that Prop 8 was an illegal constitutional revision and required legislative approval or a constitutional convention. But that's just because I'm opposed to Prop 8 and all ballot initiatives, not because I think it's a winning argument.
 
 |  Knowing nothing at all about the California constitution, what you say makes sense to me.  Certainly the majority can overrule the judiciary, and there is a fare amount of precedent to support that.
 
That said, it is unlikely to fly, but if they are looking  for law that could  supersede the will of the California electorate, they might want to look international law principles (although I can't think of any that would apply). |