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Hmm...

Just a thought, which is the higher Law? From the U.S. Constitution:

Amendment 9 - Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Does this, being at a Federal Level, outweigh the rights of the States to so amend their own Constitutions?

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( 5 comments — Leave a comment )
wedschilde
Nov. 6th, 2008 03:10 pm (UTC)
that's what we're going to be fighting with.
rosewildeirish
Nov. 6th, 2008 04:00 pm (UTC)
Hope it can be used to challenge the verdict on Prop 2.
aineotter
Nov. 6th, 2008 04:53 pm (UTC)
Yeah, it does if the state constitution violates the federal one.
madshutterbug
Nov. 6th, 2008 06:05 pm (UTC)
This is the point which niggled me in the back of my mind. Which means, in order to apply this, there needs to be language somewhere in the Constitution (State or Federal) which says no laws enacted which infringe on rights. I'm not a lawyer.

I haven't even played one in a training video.

That last is sort of an inside joke. As you know I'm an RN. I'm not a CRNA (Certified Registered Nurse Anesthetist), but I have played one in a training video.
beshter
Nov. 6th, 2008 05:46 pm (UTC)
Ehhh, it's a hard argument to make, but it can be done. I think in CA they have a similar clause in the state constitution as well, or so they have been saying on the radio. They are using that to fight Prop 8.

Hope they win it, it's not fair to infringe on the rights of others.
( 5 comments — Leave a comment )

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