(Untitled)

[wy1dchy1d]

So I was watching the news this morning, and there was a short segment about prop 8 in California. The jist of the segment was that there's the possibility it will be overturned despite the ruling in the November election. This thoroughly confuses me. What was the point on voting on it if those votes approving prop 8 will end up counting for

Comments

[scottwiser]

Fundamental rights are a classic chicken and egg problem. Are fundamental rights fundamental because they are, or because we say they are? If fundamental rights are so fundamental, why do we even need to discuss whether they are or not? Are we slaves to vague provisions in a Constitution that our fathers created and 7 Judges get the luxury of interpreting in any manner they like? Are we slaves to the will of a simple majority of our peers notwithstanding the protections of equal justice we believe our Constitution gives us? These are all hard questions.

It probably wasn't contested beforehand because the dispute would not have been "ripe." What that means is you can't sue to invalidate something until, well ..., it is first "validated." If Prop 8 had hypothetically failed at the polls then the whole problem would be moot.
I'm pretty sure *someone* figured this would be a potential problem and raised a ruckus about it.

The only reason the Prop 8 crowd didn't go through the California Legislature is because I'm told they wouldn't be able to gather enough support to meet the 2/3 requirement sufficient for an outright revision. Thus, their only hope is their amendment argument stands based on a simple majority of 52% of California voters.

As far as who "really decides," thats not an easy question either. Keep in mind that Supreme Courts are only "right" because they get the last word.

If the people still disagree with whatever the Supreme Court ultimates decides then they can either (a) vote against retaining the Justices they disagree with and hope new ones get appointed that would overrule the majority's holding, or (b) get the requisite majority to change the constitution in a manner that satisfies the Court, or, last but not least, (c) come the revolution. >:o)