Schwarzenegger says Proposition 8 may violate U.S. Constitution

Los Angeles Times ^ | June 17, 2009 | Maura Dolan

[calcowgirl]

Gov. Arnold Schwarzenegger today told a federal court in San Francisco that the state does not dispute that Proposition 8 may violate the federal Constitution and called for quick action to resolve the legality of the ant-gay measure law.

"Plaintiffs' complaint presents important constitutional questions that require and warrant judicial determination," the governor said in a written response to a federal challenge of the anti-gay marriage ballot measure.

" In a constitutional democracy, it is the role of the courts to determine and resolve such questions. … The administration encourages the court to resolve the merits of this action expeditiously."

... The federal lawsuit was filed shortly before the California Supreme Court rejected challenges to the measure on state constitutional grounds. Atty. Gen. Jerry Brown has argued that Proposition 8 violates the 14th Amendment of the U.S. Constitution.

He also argued unsuccessfully in state court that the measure violated the California Constitution.

[vpintheak]

Piss off arnie you freak!

[domenad]

What’s a constitutional democracy? Because I ain’t too bright, but I don’t think that’s what we got.

[rom]

Isn’t girlie-man’s chief of staff a lesbian?

[AKSurprise]

GTH Arnold, just leave, you’ve helped the liberals lead CA on the road to poverty and famine. That’s what happens when Republicans endorse Democrat policies.

[Principled]

In a constitutional democracy...

Jeez. It's a republic - a constitutional REPUBLIC.

[Williams]

what?????????

A Constitutional right to gay marriage???

[Pikachu_Dad]

It is kind of hard to win when the States lawyers are not defending the law.

[Williams]

” In a constitutional democracy, it is the role of the courts to determine and resolve such questions”

How’s that for doublespeak?

[DonaldC]

Just like empires of old, we are on the fast track of decline.

[SandWMan]

I didn’t think the Constitution mattered anymore anyway....

[BlueNgold]

Seriously? This is ridiculous - our governor and AG are in court advocating that the will of the people be overturned based on wishful interpretation of the 14th Amendment.

People in Iran are marching in the streets - facing injury and death - just to have their votes counted - meanwhile our leaders openly admit electoral defeat and simply look for ways to tell us the votes of millions don’t matter compared to the opinions of the ‘elite’.

[thesharkboy]

So says the great Constitutional scholar of our time.

[Williams]

Just insanity. If we don’t stand up to the leftist onslaught it is all downhill with hell at the bottom of the chute.

[wastedyears]

I bet he hasn’t read the Constitution.

[NormsRevenge]

Good ol’ Hot Tub aRnie!

[E. Pluribus Unum]

This is the first evidence to indicate that Arnold had even heard of the US Constitution.

[jeffc]

Arnie's acting career is over now. His "tough-guy" role and "acting" will now be laughed, at if he tries it again. Maybe his next role should be a tough-guy homo - now that would be quite the comedy.
Hope he's got alot of money salted away in investments (as I hear he does).

[Ben Mugged]

Whatever happened to the “will of the people”?

[DonaldC]

“People in Iran are marching in the streets - facing injury and death - just to have their votes counted - meanwhile our leaders openly admit electoral defeat and simply look for ways to tell us the votes of millions don’t matter compared to the opinions of the ‘elite’.”

I guess we aren’t so different from them after all.

[OCCASparky]

Uh, Arnie? Reporters? Prop 8 wasn’t “anti-gay”, it was pro traditional marriage. Do try and keep your talking points straight, (like marriage) won’t you?

[Publius6961]

BUMP!

[freekitty]

Another POS BS remark from the Gov.

[Enterprise]

Jeez louise and quit cutting the cheeze Arnold. Don’t you have ANYTHING better to do than mess with this old carcass?

[Cletus.D.Yokel]

They may want to rethink the 14th amendment angle. Heller is in the cards when you go there!

[ExTexasRedhead]

We now have a Fuhrer with his Gestapo, Brown Shirts, and Joseph Goebbel’s propaganda ABCNews brainwashing the clueless.

[NormsRevenge]

Moonbeam beat him to it.. a few days ago, he’s running for Gub again, god help us all.

[Enterprise]

We need another change in the Constitution. In addition to not letting people be President who are natural born, I would add not letting them be Governors, Senators, Congressmen, or any other elected Federal or State position.

[Cletus.D.Yokel]

Another problem with arguing that a state referendum violates the 14th amendment woould mean that the court must then decide if the 10th and 14th are at odds with one another.

[ALPAPilot]

Here’s a trick question: which people on the following list believe in the Constitution protected gay marriage?

Washington, George, VA
Franklin, Benjamin, PA
Madison, James, VA
Hamilton, Alexander, NY
Morris, Gouverneur, PA
Morris, Robert, PA
Wilson, James, PA
Pinckney, Chas. Cotesworth, SC
Pinckney, Chas, SC
Rutledge, John, SC
Butler, Pierce, SC
Sherman, Roger, CT
Johnson, William Samuel, CT
McHenry, James, MD
Read, George, DE
Bassett, Richard, DE
Spaight, Richard Dobbs, NC
Blount, William, NC
Williamson, Hugh, NC
Jenifer, Daniel of St. Thomas, MD
King, Rufus, MA
Gorham, Nathaniel, MA
Dayton, Jonathan, NJ
Carroll, Daniel, MD
Few, William, GA
Baldwin, Abraham, GA
Langdon, John, NH
Gilman, Nicholas, NH
Livingston, William, NJ
Paterson, William, NJ
Mifflin, Thomas, PA
Clymer, George, PA
FitzSimons, Thomas, PA
Ingersoll, Jared, PA
Bedford, Gunning, Jr., DE
Brearley, David, NJ
Dickinson, John, DE
Blair, John, VA
Broom, Jacob, DE
Jackson, William, Secretary

[Vendome]

i am confused as well

[Texas Fossil]

Arnold- (dummie)

The constitution states that those powers not explicitly given to the Federal Government are reserved to the States and to the People.

What is it that you do not understand?

[Sgt_Schultze]

We're a republic. The framers did not setup a group of rulers who hand down the law. The Constitution says NOWHERE that the Supreme Court is the final authority on the Constitution. That is a power they stole for themselves. We have three co-equal branches of government - each has a responsibility to see that the Constitution is protected. In fact, the framers left more power in the hands of congress ...

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Congress controls the jurisdiction of the court. Where is (are) the gravitas in Congress?

To believe the Supreme Court is final arbiter of all things Constitutional is to agree to a rule by a single unelected bureaucrat. A 5-4 ruling is decided by a single judge.

[Moonman62]

Looks like an inflammatory headline to me. The excerpt of the article doesn’t seem nearly as bad.

[kjo]

The day a federal court tells the voters of a state what they can and cannot change in their STATE constitution...is the day Americans need to begin the Revolution.

[byteback]

I agree. The state’s position is that which is argued by the Atty Gen Jerry Brown.

[Toddsterpatriot]

the governor said in a written response to a federal challenge of the anti-gay marriage ballot measure.

Gay people are free to get married anytime they want. Elton John and Billie Jean King are free to wed, even in Utah. What are they all whining about?

[GeronL]

We still have a Constitution??

Government only obeys when they twist around its meaning, otherwise they ignore it.

[Jim Scott]

Arnold Schwarzenegger long ago morphed into the political leftist his Kennedy clan wife always intended him to be. This inane attempt to overturn the will of the people in the state he supposedly governs cements that sad observation.

Arnold is politically useless at this point and his once-admirable stance as a Republican has dissolved into cookie-cutter leftist poses that are truly pathetic. He won't be missed when he is finally is replaced as California governor....probably by another leftist.

[AuntB]

Arnold is the poster child for the reason states should demand the same natural born clause in their constitution as the founders put in ours.

But then, that may not even be working on a federal level any more.

Geeeze...what a mess.

[JSDude1]

That would be a joke the US Supreme Court telling a state that their Constitutional Amendment is “unconstitutional”, sorry the Feds don’t have that ability since it doen’t violate the US Constitution.

[longtermmemmory]

now we can settle that the FEDERAL Marriage Amendment.

Arhnold is activly trying to make the case for the opposition. He is literally on the side OPPOSITE of the majority of the state!

Perhaps what california nees is an amendment to repeal their whole constitutional mess.

[goat granny]

He's a friggin actor not a constitutional scholar.

[longtermmemmory]

actually that is a VERY good idea.

only natural born citizens, WHO PROVE IT, should be allowed to be congressmembers or governors.

[BillyBoy]

>> Jeez. It's a republic - a constitutional REPUBLIC. <<

The United States is a DEMOCRATIC Constitutional Republic (not to be confused with the "Democratic Party", which despises Democracy despite their party name).

If we were simply a "Constitutional Republic" WITHOUT the 'Democracy' element in our nation, guys like this would be running things:

China, Soviet Union, and Cuba. All examples of constitutional Republics without democracy.

Bottom line is that we have a representative democracy with "we the people" ultimately responsible for choosing who gets to make and enforce laws. Some states like California even allow some types of direct democracy through initiative. That's how "the people" of California were able to go around the legislature and ban gay marriage on their own.

The fact some on the left and right dislike "the people" being able to do that, doesn't change the fact that they can.

[lady lawyer]

This is what happens when we elect leaders who are fundamentally amoral.

[AuntB]

“only natural born citizens, WHO PROVE IT, should be allowed to be congressmembers or governors.”

And the sad thing is, there are so many foreign born in office now that there is no will to fix it.

[wastedyears]

In addition to not letting people be President who are not natural born,

Fixed

But I do agree with you.

[Enterprise]

LOL - what you wrote!

[coconut47]

I cannot wait till CA comes to their senses and votes him out of office. But then they will problably end up with another idiot.