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Old 11-13-2008, 10:58 PM   #11
Radar
Constitutional Scholar
 
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
Quote:
Originally Posted by Pie View Post
I'm appalled that the Cali constitution can be modified by a simple majority vote. Doesn't this immediately lead to a "tyranny of the majority" situation? It can only be revoked with a 2/3 majority of the state congress and another majority referendum.

Actually it's being challenged in court right now. Amendments are supposed to be a simple majority, but major changes to the fundamental structure of the Constitution like this one which basically change the Constitution from being an instrument to protect civil rights to being one that violates civil rights, must first be passed by the state legislature and if that happens, it has to get a 2/3 majority of all voters. There's no chance of that happening.

Because Prop 8 didn't follow this procedure, the California Supreme Court will shoot it down.
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