California Supreme Court and Proposition 8

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Dr. Kermit Roosevelt
Professor of Law
University of Pennsylvania

Researches and teaches constitutional law and conflict of laws.

“The duty of California’s attorney general is to the California constitution, not a proposition that in his judgment conflicts with it. The United States solicitor general will do the same thing if in his judgment a federal law is unconstitutional. I think Jerry Brown is right that there's something wrong with the idea that a minority can be stripped of fundamental rights by the vote of a simple majority.”