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Originally Posted by Yakk
Anything else is applying a judicial veto to the actual content of the constitution. Judges can overrule laws based off the constitution, but giving judges the right to say "this part of the constitution is dumb, we will ignore it" is blatantly overstepping the power of a Judge.
The people have spoken. If they didn't mean what they said, it is up to them to correct it, not up to judges to second guess them.
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Well said Yakk. To me, the most delicious part is that, as an amendment, this IS the constitution now. I don't think the judiciary can overrule an amendment, because it is by definition constitutional. This could get very interesting...