National Review has an impressive article California Betrayal.
Caleb's two cents:
A great find by Blog Wizard Dan. I think this quote is the meat of the article. I suggest you read it all. At least read this carefully:
"A court order invalidating Proposition 8 would also give the supreme court a super-constitutional power, above the amendment process provided for in the text of the constitution, to determine what subjects are germane to constitutional lawmaking by the people of the state. There is no other way to understand this new theory that a manufactured and unenumerated “right” can become so “fundamental” that it can no longer be the subject of a simple amendment. And, of course, who will decide whether a right has attained this stature? The California supreme court."
As the Wizard says this is a mockery of the democratic process. Basically, if the political elite in California come to hold an opinion contrary to their fellow citizens they can ban it from the amendment process. The people get no say. This interpretation of constitutional law is not isolated to California.
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