by Dr. D ~ June 28th, 2013
(U.S. Supreme Court building: Wikipedia)
For 100 years California voters have been able to initiate and vote upon direct propositions which change California’s Constitution and became state law. Thus the voters have been able to substantially by-pass the state legislature and the state government including the governor on important issues that the politicians were unable to agree on.
Over the years many popular propositions have been overturned by judges and the will of the people has been subverted by an activist judiciary. Nevertheless, the initiative process has remained an important and viable part of California’s political process.
Now that process is in real jeopardy with the recent ruling of the US Supreme Court that only the Governor or state Attorney General had standing in the Prop 8 case disregarding the proponents and the vote of the people.
In final analysis, the ruling actually gives the Governor and or the Sate Attorney General a defacto veto over any Proposition that they personally oppose by merely having it challenged in court and then by refusing to support it in the process. Therefore the will of the people can now more easily be subverted by the Governor and the state administrators. It will be interesting to see how this plays out in the future but the initiative process in California had been dealt a serious blow. *Top