A Question to Which I Do Not Have An Answer
As almost everyone already knows, and I've not commented on yet, the Supreme Judicial Court of Massachusetts has legalized gay marriage. I've said it before: I'm not particularly against gay marriage per se, but I object to this kind of 'interpretation' of new rights by judges. My support for the Federal Marriage Amendment is more of a game-theory lesson (if a judge gets smacked down by an amendment which will take innumerable years to reverse, he's less likely to behave as an imperial judiciary next time) than any particular feeling about marriage. I'm not likely to get married any time soon--so it's not really my game.
Anyway, one thing I'm wondering about is the authority of the Supreme Judicial Court: does the SJC's power of judicial review arise explicitly from the Massachusetts constitution, or is it the result of interpretation (like Marbury v. Madison)? And if the latter, what is the result if the Governor pulls a modern-day Andrew Jackson and merely refuses to enforce it? (Note, this is more game-theory speculation--it's obviously not going to happen.)
A better question: why am I wondering about this when I'm behind in my reading? Ah well. At least looking through the Massachusetts constitution got me some Westlaw points.