Berkeley CSUA MOTD:Entry 39559
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2025/05/25 [General] UID:1000 Activity:popular
5/25    

2005/9/7-9 [Politics/Domestic/California, Politics/Domestic/California/Arnold] UID:39559 Activity:nil
9/7     http://csua.org/u/db1 (governor.ca.gov)
        "[Schwarzenegger] believes gay couples are entitled to full protection
        under the law and should not be discriminated against based upon their
        relationship. He is proud that California provides the most rigorous
        protections in the nation for domestic partners. ... The Governor
        believes the matter should be determined not by legislative action --
        which would be unconstitutional -- but by court decision or another
        vote of the people of our state. ... Out of respect for the will of the
        people, the governor will veto AB 849."
                -Margita Thompson, Press Secretary for Ahnold
        [fyi, I clipped out a couple sentences for brevity, but the
        "unconstitutional" part is the public voting no-gay-marriage and the
        legislature revoking it -- also keep in mind no-gay-marriage may also
        be unconstitutional.  Not sure in both cases.]
           \_ More to the point: Wow.  It's the governor's job to determine
              what's unconstitutional...OK. --scotsman
              \_ few points:
                 1. afaik it is not specified in either the ca state or
                    or fed constitution that the executive cannot make
                    a determination re constitutionality
                 2. the executive (state and fed) is a co-equal branch
                    of gov w/ the legislature and the cts
                 3. it is a judicial decree (marbury v madison) that
                    says that the scotus is the final arbiter re con-
                    situtionality (fed).
                 4. one ought to be free to wonder why a co-equal br-
                    anch, the executive, ought to accept this.
                 \_ What I meant was, _if_ he really really for true wanted to
                    sign this, then he should have signed it, and let the
                    courts do their job.  He's trying, lamely, to have it both
                    ways.  "My hands are tied, dear cahlifohniahns."  BTW, mr.
                    black, ordering your pointless points as bullets don't make
                    you make any more sense.
                    \_ The statement made above implied that the governor
                       could not to determine whether a particular act was
                       constitutional.
                       My point is that there is no basis for this assertion.
                       Neither the federal nor state constitutions preclude
                       the executive from making determinations re
                       constitutionality of legislative acts.
                       At least on the federal level the ONLY authority for
                       the supremacy of the judiciary over the executive re
                       constitutional interpretation comes from the
                       judiciary (see marbury).
                       The question remains, WHY should the executive branch,
                       which is co-eqaul w/ the judiciary and not precluded
                       from constitutional interpretation, defer on these
                       questions?
                       BTW, Who is mr black?
        \_ Um.. Why not post a URL?
           \_ i first got the text from reg-required <DEAD>sjmercury.com<DEAD>
2025/05/25 [General] UID:1000 Activity:popular
5/25    

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csua.org/u/db1 -> www.governor.ca.gov/state/govsite/gov_htmldisplay.jsp?BV_SessionID=@@@@0030708164.1126149123@@@@&BV_EngineID=ccceaddfimielgfcfngcfkmdffidfnf.0&iOID=71793&sTitle=Statement+by+Gubernatorial+Press+Secretary+Margita+Thompson+on+AB+849+++&sFilePath=/govsite/pr
Advanced Search Governor's Seal OFFICE OF THE GOVERNOR GAAS:412:05 FOR IMMEDIATE RELEASE 09/07/2005 Statement by Gubernatorial Press Secretary Margita Thompson on AB 849 Gubernatorial Press Secretary Margita Thompson today issued the following statement regarding AB 849: "In Governor Schwarzenegger's personal life and work in public service, h e has considered no undertaking to be more noble than the cause of civil rights. He believes that gay couples are entitled to full protection un der the law and should not be discriminated against based upon their rel ationship. He is proud that California provides the most rigorous protec tions in the nation for domestic partners. "Five years ago the matter of same-sex marriage was placed before the peo ple of California. The people voted and the issue is now before the cour ts. The Governor believes the matter should be determined not by legisla tive action - which would be unconstitutional - but by court decision or another vote of the people of our state. We cannot have a system where the people vote and the Legislature derails that vote. Out of respect fo r the will of the people, the Governor will veto AB 849."