Heavens, Gefreiter! Are you daring to suggest that we live in a republic, not a mob-rule democracy that stands above the rule of law? ;-)
Your point is right on the money.
The uncomfortable fact is that these "Propositions" are hard to defend as not just another slippery slope to mobocracy. The reason for having a republican democracy is that a straight demoncracy doesn't protect the rights of the minority position. 60% might have supported this proposition, but that doesn't mean we should let the legislators and executives off the hook. If they are violating constitutionality, then it *is* the judiciary role to protect that minority.
And if the judiciary oversteps its bounds, pretending something is unconstitutional when it's not, that's where it's our responsibility to work through our legislative and executive branches to knock it back into line. Personally, I think the Feds overstep their bounds too much, and this might be a case of the judge supporting that, but the answer isn't to throw our system to the wolves.
I agree with those who want to force this issue with the Governor--and legislature--involved.
FWIW, Judge Bury has allowed the Governor to sign the proposition.
He amended his order so that he has blocked the provisions that MALDEF claim usurp Federal law while allowing the voter registration portion to go forward.
The Governor has signed the proposition.