Using the arguments made by California AG Jerry Brown, it could be. After all, his argument that certain sorts of amendment are impermissible could just as easily be used to make the following argument put forward (tongue-in-cheek) at Discriminations.

If only slaveholders (or, arguably, former slaveholders) had been as smart as Jerry Brown, they could have urged the Supreme Court to invalidate the 13th Amendment, which abolished slavery, on the Brownian ground that the Constitution as adopted protected property, including property in slaves, and that that right should not be sacrificed to the whims of a tyrannical majority.

Fortunately for African-Americans in this nation, the US Supreme Court of the United States is unlikely to rule that constitutional amendments are unconstitutional. Will the California Supreme Court exercise similar restraint, even with Brown's urging that they make precisely such a ruling?

Posted by: Greg at 09:11 AM | Comments (1) | Add Comment
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