The Great Secret of Constitutional Law: Why Proposition 8 Will (and perhaps should) Be Upheld
…s, given my own longstanding support of same-sex marriage, it would be inappropriate for the court in California to try to reverse the considered decision of the people of that State on the matter of their fundamental law. Not only would it be inappropriate, it would not work. A judicial decision invalidating Proposition 8 would only be met by a judicial removal campaign or impeachment proceedings. Courts lack the power of coercion. The authority…
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