Quote:
Originally Posted by pan6467
Wrong, if it is an amendment it becomes part of the constitution and thus cannot be challenged. Laws, edicts, props, whatever you wish to call them that are not amendments, maybe challenged if they break the constitution. OR they can be put on the ballots and voted to be changed.
ONLY AN AMENDMENT THAT REPEALS AN AMENDMENT TO THE CONSTITUTION CAN CHANGE SAID AMENDMENT (this is why the 18th amendment (prohibition) had to have the 21st amendment (repeals prohibition)... otherwise prohibition would have remained forever.
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You do understand that an amendment to a STATE's constitution still has to comply with the FEDERAL constitution, right? And that prop 8 is being challenged in federal court because of that, right?
You seem unable to grasp this. Whether or not the courts will agree with the challenge is another issue, but you seem unable to understand that state laws must be in accordance to the limits set by the federal constitution. As such, the people bringing forth this challenge are entirely within their rights to challenge a state's amendment.