I understood that. Proposition 22 was an initiative statute. The question was one of legal principle.
but theoretically it would be within the purview of a state judge to overrule a provision of a state constitution based on the U.S. Constitution (assuming that the judge sta on a court of general jurisdiction).
Upon what authority?
A state consitutional provision which is violative of the Equal Protection Clause of the 14th Amendment of the U.S. Constitution, for instance, could be declared unconstitutional by a state judge. A state judge has as much power to rule based upon the U.S. Constitution as a federal judge does.
A state consitutional provision which is violative of the Equal Protection Clause of the 14th Amendment of the U.S. Constitution, for instance, could be declared unconstitutional by a state judge. A state judge has as much power to rule based upon the U.S. Constitution as a federal judge does.