Posted February 14, 2018 07:01:22 In the early 2000s, California Supreme Court Justice Robert Brady wrote a landmark opinion declaring that the blue laws of the state were not only constitutional, but were in fact a necessary foundation for American law.
“The Constitution, as the framers intended it to be, is not a contract, it is the natural law,” Brady wrote.
The court found that, “the Constitution’s natural-law protections extend not only to the protection of property, but to the protections of liberty and property rights as well.”
It also held that the California Constitution “does not infringe upon the sovereign’s exclusive right to determine the form of government he chooses to establish, but is instead an integral part of the nation’s system of government.”
Brady was joined in his ruling by Justice David Souter, who later joined Justice Anthony Kennedy in the Court of Appeals for the Ninth Circuit, which is a federal appeals court in California.
While the court’s ruling is not binding on the states, California’s constitutionality is likely to make its way into law through the state legislature, which has already passed legislation to create the Blue Law Commission to draft new blue laws.
In addition to protecting the rights of Californians to vote, the Blue Act provides for the creation of a federal Blue Law Advisory Council, tasked with crafting blue laws in the state.
While some have called for a nationwide mandate to enact blue laws, many others have argued that the new lawmaking process is necessary to create a more equitable system of federal taxation.
California’s Blue Law Act would set up a commission to develop blue laws nationwide, with the goal of establishing the framework for allocating funds to states that want to enact their own laws.