Posted on 10/05/2004 12:08:06 PM PDT by Crazieman
Edited on 10/05/2004 12:24:52 PM PDT by Admin Moderator. [history]
They did this with PROP 187 in California about ten years ago. Nothing like overthrowing the will of the people with the stroke of a pen.
You said it much more eloquently that I.
My rant was about an amendment banning marriage between animals, vegetables, minerals, etc.
This judge is 9th Circus court material.
State Judges have not only the power, but an affirmative obligation to strike down state laws that conflict with the Federal Constituiton and in some cases, Federal statutes. I'm not saying this Judge was right (I haven't even read the decision); I am saying that the Judge does in fact have the power.
Every day we get closer to the edge of judicial rule by fiat. When will the 70% pay the judge a visit?
I not only believe you, but I can predict how.
Given that the Constitution clearly makes reference to God, I suspect that some 9th Circuit clown will declare that the Constitution violates the First Amendment.
Backlash
Think of another precedent. This judge says a judge can throw out this amendment in Louisiana. Now along comes another judge who thinks he can say one of the amendments to the US constitution should be "thrown out." Scary times indeed.
The Supremes here in Washington (the good one, not the one loaded with parasites) voided several constitutional-amendment initiatives too, on the same grounds - more than one topic.
In this case, I don't see much of a distinction in principle between civil union and marriage. It'll be interesting to see how this shakes out.
Yes he can. Imagine if the people of Louisiana passed a Constitutional Amendment re-instating slavery, or banning all guns, or making only Democrat candidates legal, or legalizing post-birth abortion up to age 14, or anything else contrary to the Federal Constitution. A state judge can declare that amendment contrary to the Federal Constitution can't he?
Somebody needs to rein in these tyrants! We are supposed to have government by the people and the courts repeatedly ignore the voice of the people and their elected legislators....well unless, of course, they happen to agree with them. They are completely out of control.
Propo 187 wasn't a constitutional amendment, was it?
How can this nut possibly claim that a Constitutional amendment is unconstitutional?
He'll be lucky to be impeached.
You're saying a STATE judge has the right to take it on himself to declare the Constitution of HIS state "unconstitutional?" I stopped right there - cause if judges have THAT power, no one is safe from judicial tyranny. If the judges themselves don't obey the highest law of the state, why should any one else have to? Its crazy.
bump!
Not true.
Liberal judges think voters are too stupid to know what they voted for. Dem liberals are much wiser than the stupid herd, which needs to put in their place and told to stop doing silly things like undoing judicially created gay marriages.
Found this on a directory search.
http://www.sec.state.la.us/cgibin/?rqstyp=COMP2&rqsdta=17
This guy's a Republican. Does anyone wonder why the LA GOP just can't win?
Let's hope they straighten this out. The arrogance of these left-wing activist judges is appalling.
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