Saturday, August 30, 2003

ALASKAN COURT OVERTURNS WILL OF THE PEOPLE

In 1990, voters in Alaska approved a law making possession of any amount of marijuana illegal in any location. Yesterday, however, the Alaska Court of Appeals overturned the law because it was unconstitutional. Specifically, the court found that the state's strong constitutional right to privacy superseded the legislation banning marijuana.

Attorney General Gregg Renkes has said he will petition the state Supreme Court for a review. Republican Gov. Frank Murkowski called the court's ruling "regrettable."

My take is that the court is being activist in their ruling. If the citizens of Alaska support certain legislation and it is not blatantly unconstitutional, the court should follow suit. The court in this case seems to be using a disputable interpretation of the constitution as their basis. I think the will of the people should have precedence over disputable interpretations of the court.

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