I see people on both sides of *x* issue pulling out the constitution when voters approve crap like this.
For gay marriage inititives, the pro-side (read liberal) side will say that it doesn't matter how many voters vote to ban it, you can't legally vote for discrimination.
Yet here they are trumpeting about the voters "sending a message" which completely flies in the face of the 2nd.
Of course, the argument cuts the other way when conservatives use it.
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"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." – C. S. Lewis
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