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Saturday, May 23, 2009
You know I have this habit of being right...
Posted by: Kevin McCullough at 12:28 AM
apereznoh8.jpg

Anarchist Perez

I was the first pundit in America that told you Barack Obama would be President. I predicted Trump wouldn't fire Carrie Prejean. And I told you Adam Lambert would not be the American Idol...

This one I'm not nearly as sure about...

I did tell you that I felt the California Supreme Court would likely take up the measure of the "constitutionality" of a Constitutional Amendment. (Something they have no authority to do.) I also have said repeatedly that if they did, expect them to rule against the people of California. (Especially when their own representation in Jerry Brown sides against them as well...)

Everyone remembers the feces throwing monkeys that were hitting little old ladies going to church last fall, simply because the radical activists wanted to change the definition of marriage that has stood since the beginning of time. Even when the people of California overwhelmingly TWICE voted for the definition of marriage to remain what it had always been, the tree-dwelling bottom feeders couldn't resist in heaving poo at people who didn't agree with them.

Lovely people you've got representing your side Perez.

As the news spread today that the Supreme Court will announce its decision on the "constitutionality" of a piece of the Constitution, large groups of the poo-flingers are gathering critical mass to, as one hyperventilating, gender confused, blogger who despises his own Hispanic heritage put it, the radicals will "rally all over the country, regardless of the outcome!"

Meaning, if they lose look for mob action and lots of flying poo.

These are the least rational, most hyperbolic, overly emotional, drama queens in history.

But the people of America need to understand what the court will be saying in ruling on such a matter. For in fact it doesn't matter nearly as much which way the ruling turns out on Tuesday, as it does that the court decided it had a say in the matter to begin with.

The Constitution of a nation, company, or church is a sacred document. In our nation nothing is allowed to infringe upon the words--particularly direct words--that state specific ideas, concepts, or legal principles.

The Constitution trumps the courts, the legislature, and the executive.

But not now, at least not in California...

The California Supreme Court has now placed itself, not under the direction of the state constitution, but in sovereignty above it. The California Supreme Court in doing so is willing to literally shred the only authority that the people of California ultimately are sworn to obey.

So today the Court believes it has the right to override one part of the Constitution, next week they could believe they have the right to override all of it. And the precedent would already be in place to give themselves permission too.

The Constitutional process for the people of California to adjust their own Constitution is arduous. There are specific thresholds that have to be met, every step of the way, in order for an amendment to be ratified and for it to be "constitutional" in its authority over the people. For that very reason the designers of California's constitutional republic specifically prevented the courts from being allowed to change it randomly, especially once the people had spoken.

By reaching in their desk drawer, taking out a pair of scissors and deciding to snip out the amendment that defines marriage--yet had been arrived at in a just and appropriate manner, as so defined by that same constitution--the justices are making themselves the most powerful authorities in the state.

In addition, and most importantly, they have now completely invalidated ALL constitutional authority in the area of the State of California's jurisdiction.

In fact a sound argument could be made that for the court to invalidate the constitutional text, that had been arrived at in a constitutional means, that essentially there is no more governing authority for the state.

It is the constitution after all that establishes the rules for the government, the process of taxation, the enforcement of the laws, and protection of the people.

In tearing that document up... which they did the moment they undertook the hearing of the case, they have initiated anarchy. The tyrants in black robes will now be using their bully powers to manipulate the residents of California en masse.

It is a Constitutional crisis, and one that effects the entire nation.

Even if their ruling on Tuesday reinforces the will of the people (and on that point I'm exceedingly skeptical) the justices of the California Supreme Court should be replaced. They are exceeding their governing authority, and thereby jeopardizing the rule of law for all Californians.

Of course that's what The Perez Doughboy wanted from the beginning...


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MellorSJ2 writes: Saturday, May, 23, 2009 3:40 AM
Kev is titillated AGAIN
.
JPL17 writes: Saturday, May, 23, 2009 10:12 AM
problem goes deeper than that (Part I)
Actually, the problem of the California Supreme Court potentially usurping all state political power to itself goes deeper than just the constitution of a single state. If the Court does in fact overturn a valid state constitutional amendment on Tuesday, then I think that raises the question under the U.S. (i.e., FEDERAL) constitution of whether the state of California still has "a republican form of government" as guaranteed by Article 4, Section 4 of the U.S. Constitution. That section provides as follows:

"The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence."

I don't know if the U.S. Supreme Court has previously interpreted the phrase "republican form of government," but if not, Webster's provides a pretty good working definition of “republic” as "a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law." If that's what "republican form of government" means under the U.S. Constitution as well, then how could the state of California possibly meet that definition after its supreme court decides it has the power to overturn valid amendments to the state constitution?

(to be continued in next post…)
JPL17 writes: Saturday, May, 23, 2009 10:13 AM
problem goes deeper than that (Part II)
continued from previous post…)

What’s more, if California no longer has a republican form of government as of next week, then doesn’t Article 4, Section 4 of the U.S. Constitution require the federal government to intervene forcibly to restore such a form of government?

Man, if I were Obama, I'd be JUMPING at the chance to have the federal government take over the state of California. Just imagine the fun he could have building the massive WORKER’S PARADISE he’s dreamed of all these years! Universal health care? Just DECREE IT. Massive wealth transfers from top 10% of earners to everyone else? Just DECREE it. Forced unionization of all industries? Just DECREE it. Sealing of the state border so NO ONE can ever emigrate from California to freer states? Just DECREE it. Heck, Obama could even make the state’s UNofficial name (which is “People’s Republic of California”) its OFFICIAL name. I mean, the feds have ALREADY taken over Chrysler, GM and the entire financial system, and preempted federal bankruptcy laws. Why stop there? For Obama, this must be very tempting.
MellorSJ2 writes: Saturday, May, 23, 2009 10:22 AM
Irrespective of the subject matter ...
... the Courts have right--nay, the duty--to strike down amendments to the Constitution that conflict with other parts of the state Constitution, or the Constitution of these United States.

That you don't like the possible outcome is neither here nor there.

Mandy writes: Saturday, May, 23, 2009 10:50 AM
how can they get away with this?
Kevin,
I don't understand how the court can get away ruling against something the people voted for. How can courts be stopped who do this?
Eon writes: Saturday, May, 23, 2009 11:05 AM
California Courts
Mellor ...

How can a nation (or any other organization) which has ratified a constitutional process of changing its constitution operate when a group of "leaders" who are mandated to operate under that constitution change or "strike down" something in that constitution which has been voted into law by the electorate?

It's pretty simple, this nation is a nation of laws, established by the people, for the people and of the people - not a select black-robed few elitists.

Were the court to have "stepped in" to this fray during the process, compliance or harmony within the constitution could have been a topic of consideration and discussion; but after the people of California have spoken, the judges have no jurisdiction to change the constitution. Their job is to interpret the law in light of the existing constitution which now holds Prop 8 as accepted LAW.

The outcome is not the issue. Kevin's opinion is not the issue. Jurisdiction is the issue. The court has none in this case. Just the taking of this case merits the recall of every judge who voted to do so. Go figure.
MellorSJ2 writes: Saturday, May, 23, 2009 11:18 AM
True, eon

The issue is jurisdiction.

And the Courts have it. When (a) contradictory clauses appear in the Constitution, or (b) a clause in the state Constitution conflicts with the Federal Constitution, or (c) the language of the Constitution is unclear, then the Courts step in.

I agree that the outcome is not the issue, and our Kev's opinion is, as ever, worthless, but FWIW, I expect the Court to let Prop 8 stand, at least in large part, because they have to take account of public opinion.

JPL17 writes: Saturday, May, 23, 2009 11:38 AM
that's not how it works, Mellor (Part I)
That's not how it works, Mellor.

Nearly every constitutional amendment conflicts with something in the constitution that it amends. For example, under the original U.S. Constitution (Article 1, Section 3), U.S. Senators from each state are to be "chosen by the LEGISLATURE thereof...." But in 1913, the 17th Amendment was ratified, under which U.S. Senators from each state are to be "ELECTED by the PEOPLE thereof...." Does the 17th Amendment conflict with the original Constitution? Yes, obviously it does. Is the 17th Amendment therefore "unconstitutional," (as it would be under your logic)? No. Similarly, California has every right to pass a constitutional amendment overriding something previously provided by its constitution.

(continued on the next post...)
JPL17 writes: Saturday, May, 23, 2009 11:39 AM
that's not how it works Mellor (Part II)
(continued from previous post...)

The only way the California Supreme Court could legitimately overturn Proposition 8 would be if it finds that the people of California exceeded their authority in passing it. Apparently, California law allows voters to pass "amendments" to the state constitution, but if they want to pass "significant revisions" to the state constitution, they have to get the state legislature's approval of the measure before it goes to the ballot. This they did not do for Prop 8 (apparently because there's no way the legislature would have approved it).

Accordingly, it's entirely in the California Supreme Court's hands at this point. If the Court finds that Prop 8 is a mere "amendment" to the state constitution (which I think it should do because all Prop 8 does is change the name given to legal same-sex civil unions under California law), then it will have to uphold the amendment. But if it finds that Prop 8 is a "significant revision" to the state constitution, it may strike it down. At that point Prop 8 proponents would have to start all over and get legislative approval, which the legislature will probably never do. So this decision by the Court will be extremely consequential to the parties concerned.

Anyway, I'll be watching for the result on Tuesday.
Eugene writes: Saturday, May, 23, 2009 11:43 AM
Protestors
"Everyone remembers the feces throwing monkeys that were hitting little old ladies going to church last fall, simply because the radical activists wanted to change the definition of marriage that has stood since the beginning of time. Even when the people of California overwhelmingly TWICE voted for the definition of marriage to remain what it had always been, the tree-dwelling bottom feeders couldn't resist in heaving poo at people who didn't agree with them."

Hey. Did these brave defenders of civil rights go to the Frist AME in South LA to protest?
After all, I understand the voters in that part of town gave gay marriage a resounding no.

Anybody??????
JPL17 writes: Saturday, May, 23, 2009 11:45 AM
there doesn't seem to be a federal issue
One final point, Mellor: There doesn't seem to be any federal issue involved in this lawsuit. From the media reports I've read, none of the parties are arguing that Prop 8 violates the U.S. Constitution. Although I agree with you that it it violate the U.S. Constitution, the CA Supremes would have to strike it down because of the Supremacy Clause of the U.S. Constitution. But I don't think anyone's making that argument.
MellorSJ2 writes: Saturday, May, 23, 2009 11:50 AM
JPL17

I didn't say it was "unconstitutional." I said the Court resolves the inconsistency.

BTW, "amendment" means "change." If an amendment changes "legislature" to "people" there is no conflict. There's a change.

If Prop 8 consistently changes the CA Constitution and it does not conflict with the Feds, the the CA still has a role... To rule Prop 8 constitutional.

As you say, Tuesday will be interesting.
MellorSJ2 writes: Saturday, May, 23, 2009 11:57 AM
I agree, JPL17
"there doesn't seem to be a federal issue"

But that's not the point. The point is the populist morons who believe that 51% of the population can oppress the 49% if it so votes.

One of the times when the courts can intervene is when there *is* a federal issue. Not that I'm saying there is one in this case.
John (-ny) 3:16 writes: Saturday, May, 23, 2009 1:42 PM
Can't you wait?
Can't you wait until it is announced to start with the drama?

Kevin's numbers must be falling.
Elizabeth writes: Saturday, May, 23, 2009 1:51 PM
Real Man!
Kevin is a self-proclaimed "Real Man."

But he'll be crying like a little Sissy Mary is the decision is Pro-Gay.

Kevin and his ilk are desperate for a new pinata to swing at, and the gays are always .... well, filled with plenty of fruit!
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