LET’S PENALIZE LAWMAKERS WHO INTRODUCE UNCONSTITUTIONAL LEGISLATION (FOR PUBLICITY)

1) when Leg Counsel Bureau (LCB)drafts a bill of questionable constitutionality it alerts the author that there is a question re: possible constitutionality, it does not give its ultimate opinion. It is only if specifically asked to do so that it so opines. Doing a formal opinion on every bill where constitutionality may be in question would substantially add to LCB workload.

2) While undoubtedly some bills are introduced, despite apparent constitutional infirmity, for dubious motives, there can be legitimate motives: e.g. seeking to test the question in court. After all, LCB is not a court & simply issues its opinion.

3) There is often disagreement, even among legal scholars, as to whether a particular proposal violates the constitution. Of course that even extends to the US Supreme Court: many of its opinions regarding constitutionality are not unanimous.

Lets take this one step farther... all bills should require a 2/3 majority. This will stop the out of touch boneheads of both parties from passing legislation!

Here's an even better idea...in addition to the panalty, let's give them a back bone so they could oppose many of these dreaded, unconstitutional, laws.

The Attorney General lost all credibility with the handling of a very unconstitional law - Prop 83. Yet when SB 40 was proposed, the legislators all believed Jerry Brown's attorneys again and passed yet another unconstitutional law which was signed in a record eight days. A denial of our 6th amendment rights by a jury trial and a gross empowerment of judges who are so corrupt that California courts are delivering no justice. This is why people are killing one another in the streets. The Republican politicians are particularly adept at ignoring the Constitution and the punishment should be that they never get elected to office in the first place. Why aren't the liberals out registering the poor to put an end to lawmakers who either are too stupid to understand the Constitution such as Todd Spitzer, George Runner and Jeff Denham or are simply too Fascist too care, such as Spitzer, Runner and Denham?

Stupidity or Facism? The results are still the same. Now we can never trust Senator Romero again and will have to read all of her bills in details as she has obviously sold out to the judges instead of disciplining them.

What a sad time we are living in when the citizens are too busy watching soccer and football, baseball and doing silly things instead of watching the legislature stop passing unconstitutional bills.

Our ancestors died for these principles.

Ok, time to remember something, there are not enough Republicans to stop the Democrats from passing anything they want to. The Governor may veto things but the Republicans in the legislature are too far outnumbered to be blamed for anything in the state of California. Lack of backbone in the Democratic Party is pretty much what is standing in the way of Liberals.

Not sure why you attack sports? It is the one arena in life where those who rise to the top do so on their own merits. Where race, color or creed take a backseat to talent and desire. Where successful teams combine the talents and efforts of diverse individuals for a common cause.

Of course you might just hate competition because it has winners and losers.

I totally agree with this article.

The above article and comments say it all. I totaly agree that this Bill (SB40) is an end run around the Supreme Courts "Cunningham" decision and will be challenged in the courts. And rightfully so. I think the sponsors of this Bill knew that and are just buying time to avoid the inevitable release of wrongfully sentenced people. Sad...
I'm afraid our Legislators have realy gone bonkers over this whole prison mess and it will only get worse if they don't stand up an face this problem head on. Some hard and maybe unpopular decisions will have to be made. So be it. Do the right thing anyway.

I agree with the article completely and would take it one step further. If lawmakers are introducing unconstitutional bills, especially if they have done it more than once, then they should be removed from office. It is their job to know the law of the land, not ours. If they were accountable for their actions, they would act responsibly instead of emotionally. Their constituents would respect them for standing behind the Constitution rather than pushing something through and worrying about the consequences later as has been done with SB40.

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