Monday, November 10, 2008

Arnold tries to terminate Proposition 8

Now that it's the law, Arnold wants the courts to invalidate the Constitutional amendment because it conflicts with the section of the Constitution it is intended to amend.  Daffyd at Big Lizards reports:

The theory, evidently, is that an amendment to the constitution is unconstitutional if it conflicts with any previously adopted section of the constitution... including whatever section it amends! If you follow this reasoning, it means that no constitution can ever be amended, except to add new rights that never previously existed. (For example, the Twenty-First Amendment is "unconstitutional" because it repeals the Eighteenth Amendment allowing the prohibition of alcohol.)

Why is Schwarzenegger opposing an amendment that passed so handily?  It could be that he wants to set up a path to the U.S. Senate after he's term-limited out as Governator in 2010.

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