Constitutional Law
Aug. 26, 2010
A State Left Without Representation
Contrary to the principles of due process, the people of California were not given an opportunity to be heard on the constitutionality of Proposition 8, by Philip A. Rafferty.
Elementary principles of procedural due process dictate that both sides to a disputed legal issue be given an opportunity to be heard. The People of California, through no fault of their own, were not given an opportunity to be heard on the constitutionality of Proposition 8 in Perry v. Schwarzenegger. These same due process principles dictate also that Judge Vaughn Walker was constitutionally mandated to do one (and probably ...
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