Saturday, December 20, 2008

Democracy? We don't need no stinkin' democracy

California's Attorney General Jerry Brown - aka "Governor Moonbeam" - asks the California Supreme Court to overturn Prop 8.

Brown's last minute filing reflects an about face on his part and an abandonment of his duties as AG:

Brown's argument on Proposition 8, contained in an 111-page brief filed at the last possible moment before the court's deadline, surprised many legal experts. The attorney general has a legal duty to uphold the state's laws as long as there are reasonable grounds to do so. Last month, Brown said he planned to "defend the proposition as enacted by the people of California."


He seems to be appealing to Natural Law, which might be alright if he really meant it:

The issue before the court "presents a conflict between the constitutional power of the voters to amend the Constitution, on the one hand, and the Constitution's Declaration of Rights, on the other," Brown wrote.

The issue "is whether rights secured under the state Constitution's safeguard of liberty as an 'inalienable' right may intentionally be withdrawn from a class of persons by an initiative amendment."

Voters are allowed to amend other parts of the Constitution by majority vote, but to use the ballot box to take away an "inalienable" right would establish a "tyranny of the majority," which the Constitution was designed, in part, to prevent, he wrote.


Hey, Jerry, "life" is one of those inalienable rights, which would mean that abortion can't be legislated either. Right?

It is worth documenting that the Anti-prop 8 has involved the political elite using its power to stack the deck and deal seconds against the people.

2 comments:

Anonymous said...

I believe I've said it before, but a tyranny of the majority would be, to me, a mighty welcome change from the tyranny of allegedly aggrieved minorities, for instance, or black-robed lawyers.

I say, let's give the Tyranny of the Majority a chance, for a change.

Smokey Behr said...

At least he's not messing with the gun owners.

I've had it with Government trying to tell us how to think. This is the 3rd time that the people have said that they don't want gay marriage in California. What part of "NO" don't they get in the Ivory Tower in Sack-a-Tomatoes?

 
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