Monday, March 09, 2009

Ever changing Constitution

The Constitution of the State of California has been amended over 500 times since 1917. Wow. That's a lot. For some reason, the drafters thought a 50%+1 simple majority should be all that was needed to amend the supreme law of the State.

And yet, it takes 67% of the state legislature to sign off on an annual budget. I'm really thinking that the drafters made a mistake. Maybe it would be best if we approved a budget by drafting a Constitutional amendment each year. It would be quicker and easier.

The most recent Constitutional battle is the continual social war for gay marriage rights. A simple majority voted to take away the rights of a signifiant majority with a defense of marriage campaign focussed on the threat of all our kids would turn into perverts if we didn't keep gay people from getting married.

Last week, the California Supreme Court hear oral arguments on the challenge to the Prop 8 marriage ban. The "No" side was left to argue that this amendment was illegal because it was a major revision, not just an amendment.

This argument isn't going to win. For the time being, the Supreme Court has its hands tied. They are going to have to uphold the amendment. The thing is, it's only going to be another year or so, before there's a new campaign to amend the Constitution yet again.

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