Any state can pass legislation or a constitutional amendment to prevent this abuse. In California, it will probably require a Proposition, since we can't count on CA legislature to do the will of the people.
yes, you are right.
tom mcclintock was on kfi just last hour, saying he wants to enshrine judge thomas' statement as law.
just today on klbj a texas state legislator was saying that either gov. perry addresses this issue in the current reconvened legislature, or his opponents will.
texas has strong property rights inclinations.
The ballot initiative won't work the will of the people any better than the legislature! We passed Prop 187 to slow illegal immigration and the courts thwarted it!!! (Gray Davis helped thwart it... he was the wart part of thwart, ya know)
Which will then be found unconstitutional. When the Federals exerted their power over this issue it became a federal issue and was taken away from states. You're wasting your time with state laws and amendments. Ole' Honest Abe ensured this when he put the dagger in the heart of state's rights.