California’s Proposition 8: Judge Walker’s opinion that traditional marriage is an affront to the Bill of Rights would no doubt have come as a surprise to the American Founders – and to more than two centuries of American jurisprudence affirming that institution. Fortunately, the architects of our Constitution recognized the damage that feeble reasoning can do from the bench and provided a multitude of checks and balances – starting with the appellate process – which I am confident will now be brought into play.