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To: NormsRevenge

Declaring a portion of the Constitution “unconstitutional” would be a judicial nuclear bomb.


6 posted on 12/19/2008 6:05:15 PM PST by Chet 99
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To: Chet 99

“Declaring a portion of the Constitution “unconstitutional” would be a judicial nuclear bomb.”

I wonder if the US Supreme Court can cite a state Supreme Court ruling as precedent?

God help us.


32 posted on 12/19/2008 7:35:31 PM PST by PLMerite ("Unarmed, one can only flee from Evil. But Evil isn't overcome by fleeing from it." Jeff Cooper)
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To: Chet 99
IIFC, this has already been done.

It was an amendment regarding illegal immigrants. Something regarding not giving them state services like education, welfare etc.

It was declared unconstitutional.

I remember being simply shocked that a constitutional amendment could be declared unconstitutional by the cort.

I'll try to find it.

66 posted on 12/20/2008 6:46:31 AM PST by Jotmo (Has 0bama fixed my soul yet? I can't tell.)
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To: Chet 99

IIRC, the Cal. courts have already overriden the people’s will by referendum, in the case of a proposition that prohibited the provision of social benefits to illegal immigrants. Thus, this Prop 8 would not be the first time. There is precedent. Expect it to happen.


120 posted on 12/23/2008 11:38:53 AM PST by Emile ("If you don't stand for something, you'll fall for anything" -- Unknown)
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To: Chet 99
Declaring a portion of the Constitution “unconstitutional” would be a judicial nuclear bomb.

Actually it is a good example of a fuse that will light the torch-bearing, pitchfork-waiving crowds to dethrone these disconnected wastes of skin.

Government needs to be reduced in size by 90%. Immediately. There are simply too many people doing too little except getting in the way of the other people who actually pay the bills in this country. A cull is in order, and a judiciary which slaps the electorate in the face is a great way to start one.

121 posted on 12/24/2008 12:21:56 AM PST by TonyStark
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To: Chet 99
I'm not even certain that you can declare a portion of the CONSTITUTION as UNCONSTITUTIONAL. Semantically it doesn't even wash. I suppose they could interpret a perceived inconsistency in the Constitution. But when something is duly added to the Constitution by the prescribed process it is by DEFINITION CONSTITUTIONAL.

I know I'm preaching to the choir but these quacks in California are just stupid.

Why don't they say what they mean: "How dare the people actually vote against the liberal agenda!"

126 posted on 12/25/2008 7:43:15 PM PST by politicalmerc (NObama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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