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Originally Posted by Willravel
Let's say I want to pass a constitutional amendment to change the three branch government to a one branch government, thus negating checks and balances. Should that even appear on the ballot or does that breach one of the fundamental principles of our republic which is clearly spelled out in our Constitution?
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You can't. That's mandated by the U.S. Constitution, and the U.S. Constitution is the supreme law of the land. Gay marriage, on the other hand, is an issue left up to the states to decide, which means that each state's constitution becomes supreme law of the land in each individual case.
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Likewise, social equality is spelled out very clearly in the CalConstitution. If the SCOC deems this proposition as in breach of the CalConstitution, it doesn't matter if 90% of the people voted for it, we're not in a direct democracy and we don't allow the tyranny of the majority. We live in a republic with certain principles that should endure regardless of popular opinion.
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But how can an amendment to the constitution be a breach of the constitution? That's what I'm not understanding here. It makes little sense at all.
And, again with the tyranny of the majority thing. If you don't like it, then maybe you should change the California state constitution so that the majority can't amend it through ballot initiatives and popular vote. Because, until you do, the "right" you're trying to take away from the people of California is explicitly granted by it's constitution.