correct, not a simple majority, 38 states. 75%. But such a vote of 38 states could create a new amendment or repeal a previous one.
my point is that constitutional rights that we enjoy were establshed by voting, not govt decree.
The rights are part of the Constitution- and the Supreme Court decides what those rights mean.
Among the many 'rights' we enjoy that we did not 'enjoy' until the Supreme Court spelled out that we do have those rights:
- the right to remain silent
- the right to an attorney
- the right to marry
- the right for mixed race couples to marry
- the right for Americans to use contraception.
- the right for women to control their own reproduction
- the right for African Americans to have equal public education with whites.
- the right to be safe from illegal search and seizure from the police
- the right to have private consensual sex even if you are homosexual.
- the right to speech that the government finds offensive.
In every one of those cases the courts made decisions based upon the Constitution that allowed Americans to 'enjoy' our rights even though 'the people' voted otherwise.