Saturday, November 22

Cali Court and Tea Parties

It's never good to trust a judges' restraint but we will be asked again to do so when the California Supreme Court takes up the marriage amendment (Prop. 8) this spring. If they overturn the amendment it will be the most blatant act of judicial Constitutional rewrite I have ever witnessed and will need Federal intervention to preserve a republican form of government.

They will try to say that the amendment was a revision rather than a Constitutional amendment both of which are provided for under the California state constitution. However, a deeper and historical look again demonstrates the near dictatorial powers the Courts would have to employ. If you look at the California Constitution the revision aspect is designed for major changes and can only be decided by a convention. In the past, the Supreme Court has declared some constitutional amendments to be invalid if they have been large and massive in changes. In this situation, Prop. 8 was as specific and small as any amendment has been or almost could be.

If the Cali Court strikes this down, it would be a Constitutional crisis. Indeed, so much that the federal constitutional guarantee of a "republican form of government" in Article IV would be in jeopardy. According to Randolph at the constitutional convention the purpose of this section was that"...no state in it ought to have it in their power to change its government into a monarchy." If the judges in California overturn this constitutional amendment it would would be an oligarchy--a distinction without a difference from a monarchy and NOT a republican form of government.

The courts overrode the legislative will of the people. The people responded not by impeaching the judges but by the proper means: constitutional amendment. For the Courts to overturn the amendment for being in violation of "fundamental liberties" as they are being asked would upset their responsibility to uphold that very constitution. If clear legislation cannot check a judicial decision, if a constitutional amendment cannot check a judicial decision, then the only law left is the opinion of the judges. Unless the federal government steps in (which it should) California could be left with seven new King Georges. And then, let the San Fransisco Bay Tea Party begin.

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