--- In [EMAIL PROTECTED], "Horn, John" <[EMAIL PROTECTED]> wrote: > > From: JDG [mailto:[EMAIL PROTECTED] > > > > We'll see what happens when the Massachusetts Voters approve their > > constitutional amendment in two years in order to tell those > > tyrants on the > > MA Supreme Court exactly what the MA Constitution says. > > There's been over 30 years to reverse the "tyrants" on the USSC > regarding Roe v. Wade and we haven't seen that yet either...
Which makes the alacrity with which the Massachusetts Legislature has proceeded all the more interesting. Look, I'm not going to deny that the loser of any court case can often fall back onto the argument of "judicial tyranny." What I am going to point out is that in this case, the Legislature of the State of *Massachusetts* - of all places - has moved with all due speed to overturn a judicial ruling that appears to have no basis in the Law. Moreover, the Massachusetts Supreme Court has no created the potential legal absurdity of Massachusetts having legal gay marriages for a narrow two-year window, and then not having them subsequent to that. In other words, no matter what your opinion of gay marriages is - if you believe in the basic principles of government under a constitutional republic - then if the Massachusetts Supreme Court legitiamtely felt that the text of the Massachusetts Constitution mandated a novel conclusion which the Legislature and People of Massachusetts had plainly not considered, then the Massachusetts Supreme Court should have made the effective date of their ruling to be 1 January 2007, not 17 May 2004. This would have provided the Legislature and People of Massachusetts a fair opportunity to correct the unforseen consequence of their constitutional language. The failure of the Massachusetts Supreme Court to leave legislative power in the hands of the Legislature and People of Masschusetts for even a short period of two years is tyranny by any other name. JDG - Who is longing for the time when someday, somewhere, some conservative Court rules that "equal protection under the laws" mandates the public school system to be converted into a 100% voucher system - including religious schools. _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
