by Ron Branson, ©2013

Do the people control the courts in California, the most populous state, or in any state?

(Jun. 29, 2013) —

Comment posted to Washington Times by Ron Branson:

In the early stages of the fight to establish the definition of marriage in California, I advised the proponents of what has now become known as “Prop 8” that they were approaching this issue from the wrong perspective. My point was that it will not be the People to decide this issue, but the Courts. People properly seek to pass laws through Congress, their State Legislators, or through State Initiatives; however, the liberal element simply trumps the People by working through the courts.

The battle is not over gay marriage, but rather a battle over the People v. The Courts. The People passed Prop 22 through a lawful statutory initiative, but it was simply declared unconstitutional by the Courts. The People then determined to carry on the fight, passed a constitutional amendment via Prop. 8. Again, the will of the People was simply overturned by the Courts.

It is obvious that the People, unwilling to rest with the Court’s decision, are going to try to carry on the fight for their belief that marriage is a union between one man and one woman, a position Spiritually sound. But what the People have not realized is what I have been telling them even before they attempted Prop. 22, i.e., the basic battle is not over gay marriage, but who holds the aces:  the People or the Courts. It is that point that must be established first, and then the issue they wish to pursue.

Article II, Sec. I of the California Constitution states clearly, “All political power is inherent in the People. … [T]hey have the right to alter or reform [government] when the Public good may require.” Thus, in a contest between the People v. the Courts, the People are the clear winner.

While the Constitution is clear on this point, the Courts overrule the Constitution. Hence, the question goes beyond the Constitutional superiority of the highest law of the State of California to which all judges swear an Oath to defend, to enforcement. Enforcement of the Constitution must come from the People, not from the Courts.

Anyone can go on a search engine and search the California Judicial Accountability Initiative measure that must be taken up first by the People, which will afford the People enforcement power over the Courts when it comes to a fight in the Courts over the People v. The Courts.

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