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To: drungus
The judge did not overrule the State Constitution

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?

130 posted on 03/14/2005 1:54:10 PM PST by Carry_Okie (There are people in power who are truly evil.)
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To: Carry_Okie

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.


135 posted on 03/14/2005 2:00:10 PM PST by drungus
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To: Carry_Okie

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.


136 posted on 03/14/2005 2:00:43 PM PST by drungus
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