Quote:
Originally posted by Sidd Finch
You would prohibit state courts from interpreting their own state constitutions? Weird.
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I don't think Burger was advocating that position, just interpreting the proposed amendment.
Quote:
Originally posted by sgtclub
That is exactly the point of the amendment. The right does not want these "moral" questions (e.g., Roe) decided by a handful of judges, rather than the "people."
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There's something entirely bass-ackwards about deciding that a state's constitution is not the legitimate expression of the views of the state's people, and then enshrining that notion by amending the federal constitution.
Which is to say that judges' rulings are only legitimate insofar as they intepret constitutions adopted by the people, and if the people don't like what the judges do they can amend the constitution.
