re: "There is a coup in progress"
Lemuel Calhoun at Hillbilly White Trash ("Commenting about politics, religion, firearms, food, Celtic music, beer, science fiction and the Asheville Vortex. Home of the Hillbilly Ecosystem.") is keeping a weather eye on the California Supreme Court.
Money quote(s):
"If the California Supreme Court overturns a constitutional amendment then the last pretense that the state of California is governed by anything other than a judicial dictatorship is out the window."
Lemuel explains his thinking:
"Think this through carefully. Courts are supposed to apply the law and the supreme law in a state is the state constitution just as the supreme law in the USA as a whole is the federal constitution. Even when activist courts have legislated from the bench they have at least attempted to cloak their activism in constitutional language. For example the majority in Roe v Wade pretended to find a constitutional "right to privacy".
If the California court gets away with simply declaring a legally adopted amendment to the state constitution to be illegal then nothing will be off limits to an activist judiciary. If the people of California acting either through the referendum process or through their elected representatives ever attempt to limit the power of the judiciary then the judges can simply declare those limits null and void."
The rest of the post takes this potential development to its logical conclusion.
Money quote(s):
"If the California Supreme Court overturns a constitutional amendment then the last pretense that the state of California is governed by anything other than a judicial dictatorship is out the window."
Lemuel explains his thinking:
"Think this through carefully. Courts are supposed to apply the law and the supreme law in a state is the state constitution just as the supreme law in the USA as a whole is the federal constitution. Even when activist courts have legislated from the bench they have at least attempted to cloak their activism in constitutional language. For example the majority in Roe v Wade pretended to find a constitutional "right to privacy".
If the California court gets away with simply declaring a legally adopted amendment to the state constitution to be illegal then nothing will be off limits to an activist judiciary. If the people of California acting either through the referendum process or through their elected representatives ever attempt to limit the power of the judiciary then the judges can simply declare those limits null and void."
The rest of the post takes this potential development to its logical conclusion.
posted by Consul-At-Arms at 7:10 AM
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