Why not a mixture of both? CA for instance had their populace vote to ban gay marriage in prop 8, CA then just told the voters to go fuck themselves and tied it up and overturned it in court.
So you can see even if you literally amend the constitution in california by popular referendum, those in power can just tell the populace to go fuck themselves and they won't be recognizing it, no matter that the constitution is the supreme law of the state.
> Why not a mixture of both? CA for instance had their populace vote to ban gay marriage in prop 8, CA then just told the voters to go fuck themselves and tied it up and overturned it in court.
> So you can see even if you literally amend the constitution in california by popular referendum, those in power can just tell the populace to go fuck themselves and they won't be recognizing it, no matter that the constitution is the supreme law of the state.
Your argument would make sense if the courts had overturned Prop 8 on the basis that it was unconstitutional at the state level. But that's not what happened.
The state case against Prop 8 was upheld by the courts. The federal courts ruled against it, in a completely separate case, on the basis of the Equal Protection Clause in the US constitution. Prop 8 amended the state constitution; it did not amend the US constitution.
It's also a moot point, because Prop 8 was also repealed by a subsequent ballot initiative, with 61% of the vote.
So you’re saying popular votes are not sufficient to avoid flip flops on contentious issues, and popular voting also can step on minority groups recognized rights on a whim?
What problem is it solving again?
And notably, California is one of the most consistently gay friendly states and still flip flopped on this exact topic.
The more direct the democracy (and the shorter the timeframes between elections!), the easier it is to game the population or poke people’s buttons and make them vote on things they later regret - or deeply enjoy.
The whole court system and bill of rights is to try to put guard rails, so there aren’t (for example) purges/genocides, removing a little under half the populations rights, etc. etc. but there is only so much rules can do.
