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US Constitution Requires that State Constitutions Are Subordinate

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Amending constitutions is a sacred procedure in order to guard against popular propaganda and an emotionally charged society.

Under Article five of the US Constitution two thirds of the Congress are required to support an amendment to the constitution. Thereafter three fourths of the states are required to ratify the amendment.

Under Article six, all laws [including the Constitution] made by the United States are the supreme law of the land…..Judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

Amending the constitution of any state should of necessity be pattrned after the US Constitution by the requirement that two thirds of the state legislature vote to amend followed by referral to the people of that state with three fourths ratification.

Anything less than that would constitute mob rule as warned by Thomas Jefferson.

Under this theory, Proposition 8 in California is invalid. The California Supreme Court should bring the State Constitution into alignment with the US Constitution to protect minorities.

Where the initiative is incorporated into the state constitution, a reversal of the procedure could be recognized. However the percentages recognized would of necessity be of the complete number of registered voters within the state not merely those who voted.

This then should be ratified by two thirds of the legislature.

Any Arguments?

Doug Wallace, JD

 

Retired Designer-Builder formerly practicing Attorney at Law.

Credentials include ordaining a Black man to priesthood in the LDS Church leading to a public struggle with the church yielding and ordaining Black men about 2 years (more...)
 

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First, the federal constitution is a limiting docu... by WML on Friday, Apr 3, 2009 at 7:25:43 PM
I used to own property in downtown Connecticut... by Steven G. Erickson on Saturday, Apr 4, 2009 at 6:02:48 AM
...pretty much negates any protections  you m... by Starbuck on Saturday, Apr 4, 2009 at 10:57:01 AM
Only a practicle one. The US Constitution has been... by William Whitten on Saturday, Apr 4, 2009 at 12:11:30 PM
2009 - 1933 = 76 years.... by UncleSim on Saturday, Apr 4, 2009 at 1:02:07 PM
It is from a ten year old article Sim... by William Whitten on Saturday, Apr 4, 2009 at 3:54:15 PM
How about this argument.Instead of arguing that Pr... by UncleSim on Saturday, Apr 4, 2009 at 1:05:07 PM
All State Constitutions and all laws are subordina... by J Dee on Saturday, Apr 4, 2009 at 4:55:53 PM
Really? I always thought it was a religious thing... by UncleSim on Sunday, Apr 5, 2009 at 12:01:03 AM
"What came first, religion or the State?"--Sim ... by William Whitten on Sunday, Apr 5, 2009 at 2:44:07 AM
Religion is an attempt at an explanation. Governm... by UncleSim on Sunday, Apr 5, 2009 at 9:36:38 AM
is that the institution of marriage came after bot... by J Dee on Sunday, Apr 5, 2009 at 2:15:06 PM
You know, in Pennsylvania and maybe some other sta... by UncleSim on Sunday, Apr 5, 2009 at 10:04:41 AM
First, the whole "common law" idea is written into... by J Dee on Sunday, Apr 5, 2009 at 2:22:03 PM
Parents can't manage their property or keep their ... by UncleSim on Sunday, Apr 5, 2009 at 4:38:23 PM
just a matter of privilege. There are more than... by J Dee on Sunday, Apr 5, 2009 at 11:27:33 PM
So you admit then, that your goal is not equality ... by UncleSim on Tuesday, Apr 7, 2009 at 2:34:19 PM