10 nëntor 2008

Constitutional Amendments & Keith Olbermann

I sympathise greatly with the protests against the passage of Prop 8 in California, but I also cannot help but think that it amounts to little, given the nature of the policy regarding constitutional amendments in California.  Somebody did bring to my attention that the protests keep the issue on the front scene and in the media, thus raising awareness, so I applaud those protesting.  At the same time, I have also been thinking about the way constitutional amendments can pass and be enacted in California.  

One of the main principles of a constitution, and especially one like the Constitution of the United States, is to protect the minority from the wrath of the majority.  Constitutions clearly outline the rights and privileges to which all citizens are entitled, so as to prevent reprisals during alternations of power between political and/or social factions.  I believe it is therefore unconstitutional to pass an amendment through a plebiscite—as was done in the case of Proposition 8 in California—and thus impose the judgment of a majority on the minority; and it becomes an even greater fault when this judgment deprives the said minority of equal rights and privileges under the Law, as is manifestly the case with the same Proposition and constitutional amendment derived from it.

This whole process of constitutional amendments by referendums is faulty and deserves reconsideration.  I do know I'm just talking in the air about this and nothing will be done, but I had to share my two cents.

On a related note, here is Keith Olbermann at the most emotional I have seen him.  Please share.  He has quite a few sensible things to say.


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