Thursday, December 4, 2008

Reactions to the California Legislature's Resolutions Opposing Proposition 8.

Click here for California Senate Resolution 7 (SR 7), authored by Senator Mark Leno, and here for Assembly House Resolution 5 (HR 5), authored by Assembly Member Tom Ammiano.

SR 7 emphasizes "the crucial deliberative role of the Legislature in any proposed revision of our Constitution." The resolution adds that the "Legislature is specially suited to examine and
debate significant changes to the principles and structure that underlie the California Constitution, and is structured for precisely such a task." Santa Clara University Law Professor Gerald Uelmen believes that, in deciding the "amendment v. revision" question, the California Supreme Court must recognize the importance of the Legislature's deliberative role. He states that "the court should be asking whether the change [an initiative] measure accomplishes is significant enough that the adversary deliberation of a legislative proposal or a constitutional convention is necessary."

The 12/03/08 SF Chronicle has comments by U.C. Berkeley Law Professor Jesse Choper and Andrew Pugno, attorney for the Yes on Proposition 8 Campaign. Other news sources include the 12/03/08 Sacramento Bee. "Leaders of the - Yes on Proposition 8" issued this 12/2/08 press release, which appears to be a source of Pugno's comments to the SF Chronicle.

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