Thursday, March 5, 2009

Overturning Prop. 8

Proposition 8 is a California amendment banning same-sex marriages and questioning the validity of about 18,000 already existing marriages. Many opponents of this proposition argue it's constitutionality, and the conflict has been taken to the Supreme Court. Firstly, this approved proposition demonstrates the principle of Federalism. California's state government exercised it's power and authority by passing this amendment to their own constitution, without the help or need of the federal government. Federalism is the idea that the federal government has it's own set of responsibilities, while state governments handle others. It is not the federal government's responsibility to handle amendments to the California constitution. The Supreme Court analyzation of the constitutionality of this amendment also exercises the principle of the Checks and Balances system. The Supreme Court is limiting, or "checking", the power of California's government. The judiciaries can invalidate the act of Prop 8, if they find it was not a constitutional act. Finally, this article demonstrates the idea of a fixed system open to change. First, Proposition 8 was an amendment ratified in California, which was changing the legality of same-sex marriage. Now, with the Supreme Court review of the amendment, there is a possibility that the amendment will be overturned, much to the pleasure of Prop. 8 opponents. The system of government remains the same, but the passing of Prop. 8 and the possible overturn of it shows that laws are malleable. 

LINK TO ARTICLE !

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