A new big day

Tomorrow will be a as big of a day as this past election as the CA supreme court begins to hear arguments about the passage of proposition 8. Regardless of where you stand on the issue you must admit it is frightening to think about the power our court systems have and are gaining and the power the voice of the people is losing.
I pray that proposition 8 is upheld so the balance of power remains in our judicial system.

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1 Comment

  1. Chairm said

    From Kenneth Starr’s legal brief to the CA Supreme Court:

    The judiciary’s role in protecting equality and minority rights derives exclusively from its role in interpreting and applying the law. That role does not spring from an extra-constitutional mandate to achieve a particular substantive result with respect to equality or any other substantive norm. This Court has never had a roving commission or substantive role apart from the specific provisions of the California Constitution and the state’s statutory law.

    Contrary to the core assumption embedded in petitioners’ argument, the judiciary does not have a vested interest in a particular outcome nor a decision making role that exists apart from the terms of the Constitution itself. The Constitution has now been changed by the sovereign act of the ultimate authority, the people.

    […]

    This case is about far more than the passionate debate over the definition of marriage. It is about whether the democratic conversation with respect to numerous issues can continue to occur through the official channels ordained by the California Constitution and relied upon for generations by the people. These are weighty matters that transcend the marriage issue. They touch profoundly on fundamental principles of popular sovereignty and democratic legitimacy.

    […]

    This Court has never suggested that the judiciary has an independent role or existence beyond that established by the Constitution, whose stmcture gives it birth in the first instance. Therefore, if the answer to the first question is that Proposition 8 is an amendment rather than an improper revision, then the Constitution has been validly changed and the inquiry is at an end.

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