AG Bill Schuettes office, represented by Kristin Heyse... Heyse - TopicsExpress

AG Bill Schuettes office, represented by Kristin Heyse... Heyse said the office is asking that the people be allowed to decide state law — not the court. She said the court can’t disregard previous cases where the state’s authority to define marriage was upheld. Congrats, you get a gold star in the fundamental underpinnings of a state constitutional amendment. That being said, lets look at this example where a theoretical state amendment might actually not be legal: The people of Michigan could NOT prohibit a members of a particular racial and/or religious minority from voting simply because that might be the will of the people. Not only would the initiative HAVE to have popular support, it would have to not be in violation of the United States Constitution, which it would be. Did the court decide the law? Nope, that was the people. But the court does have the ability (indeed, the responsibility) to determine if that law violates the most important legal document in the United States. That is where the court comes in, and yes, they DO have the authority.

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