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To: Clemenza
If Cali voted to ban all firearms, or shut down all religious institutions, should the mobocratic will of the people stand?

If a single Cali judge ruled to ban all firearms, or shut down all religious institutions, should the fiat will of that judge stand?

18 posted on 11/18/2011 2:09:58 PM PST by Lancey Howard
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To: Lancey Howard; Clemenza

“If Cali voted to ban all firearms, or shut down all religious institutions, should the mobocratic will of the people stand?

If a single Cali judge ruled to ban all firearms, or shut down all religious institutions, should the fiat will of that judge stand? “

If the majority in CA voted to ban all firearms, or shut all churches, gun owners and churches would sue to overturn said initiative, due to its violating their 1st and 2nd amendment rights.

The courts could and would rule that those rights are being violated.

The issue here was, can a duly passed constitutional amendment (state constitution to be precise) be overturned by fiat, with no recourse by the majority who voted for it?

No.


19 posted on 11/18/2011 2:33:45 PM PST by Persevero (Homeschooling for Excellence since 1992)
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