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Suing a Proposition

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R

rocru

Junior Member
What is the name of your state (only U.S. law)? CA

How can a group take a proposition to court? The proposition should be deemed lawful or unlawful before it enters a ballot. Therefore, to put the proposition into court, violates the voting rights of the people who voted.

For example, Proposition 8 (CA) was voted on by 13 million residents. It barely passed, but it now has been overturned by 1 person - a district court judge. How can 1 person outweigh the votes of 7 million that said yes?
 


A

Antigone*

Senior Member
rocru said:
What is the name of your state (only U.S. law)? CA

How can a group take a proposition to court? The proposition should be deemed lawful or unlawful before it enters a ballot. Therefore, to put the proposition into court, violates the voting rights of the people who voted.

For example, Proposition 8 (CA) was voted on by 13 million residents. It barely passed, but it now has been overturned by 1 person - a district court judge. How can 1 person outweigh the votes of 7 million that said yes?
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You can't sue a proposition. This issue is already working its way through the legal system.

You huff and puff about the voting rights of the people, well if the people voted that it was okay to toss your butt in jail without a trial because they don't like the color of your skin, would that make it legal???

Absodanglutely NOT. In that case the voting rights of the people would violate our constitution.

So sit back, stay tuned and enjoy (or not) the ride.:cool:
 
T

tranquility

Senior Member
A "right" which is "fundamental" should probably have some historical basis and not be made up based on sociological theory.
 
P

pattytx

Senior Member
tranquility said:
A "right" which is "fundamental" should probably have some historical basis and not be made up based on sociological theory.
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As was just evidenced in California with Prop 8, IMHO.

And that is my only political comment for the day. But it's still early. ;)

And of course, the other responders are right with the legal answers. You cannot sue a proposition. A proposition is not a "natural person".
 
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