Saturday, March 07, 2009

Prop 8 -- not a revision

Lawyer Benjamin Pugh at Ben's Law reads the California Constitution and concludes that Prop 8 is an amendment, and not a revision.

Proposition 8 was quite obviously limited to a single subject. It was therefore an "amendment" and not a "revision" which is precisely why no one raised this argument before Proposition 8 went on the ballot, when proposed propositions are routinely challenged on the grounds that they concern more than one subject.

That's it. End of analysis. Of course, don't bet on the California Supreme Court following the plain and totally obvious meaning of the above Constitutional text.

I guess he's missed the secret course at law school – the one that teaches the real language the law is written in. This language only looks like English, and only judges are sufficiently fluent in it to interpret what it actually means.

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