Dolce far niente

"Too much law make people mad." "Hawai'i"

Monday, March 02, 2009

Popular will (publication pending)

The job of at least one writer at AP-OBAMA could be hanging in the balance. In an article in today's pamphlet (20 pages), about how the California Supreme Court will be arguing why Proposition 8, prohibiting gay marriage, should stand or fail, he/she said, "The question is whether a majority of the justices will defer to popular will" or not. What a refreshing expression of truth -- to acknowledge the concept of "popular will," which, of course, is the very essence of all government in the United States of America. If the people have spoken, what is there to argue about?

If the California constitution has, in fact, been amended, all the Court can do is explain to those who are unhappy with the decision what procedure(s) exist to attempt to re-amend it. If the constitution has not been amended, the Court should explain to those who passed Proposition 8 how they may best legally express their will.

1 Comments:

At 8:56 AM, Anonymous Anonymous said...

Popular will would have kept Loving vs Virginia from being found the way it was.

 

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