Rick Barker | Constitutional Law 101

Letters to the Editor
Letters to the Editor

In re: Arthur Saginian, “Overly Dramatizing Proposition 1,” letters, Dec. 23:

One of the many great things about this incredible country we live in is the fact that the citizens have the right to amend/modify our governing documents through various means set forth in the constitutions of the individual states as well as the U.S. Constitution. 

The ultimate constitutionality and legality of laws passed by the voters is left to the courts, up to and including the U.S. Supreme Court. 

Proposition 1 is no different than any other proposition, and just like any of them it can be modified or even totally dumped should the legislators or voters in the state decide to do so in the future. And also like any other proposition/law, it is subject to U.S. Supreme Court ruling should the court ever decide to take it up. 

Mr. Saginian states: “The intent is simply to reaffirm (and ‘cement’) the right to abortion in California…” Sorry, sir, but there is no provision under California or federal law to “cement” Prop. 1 (or any other ballot measure for that matter) to where it is immune from future court rulings or ballot propositions brought by the Legislature or voters. 

Rick Barker

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