Amendments to the state constitution don't have to be run through the legislature. The California constitution is amended by popular initiative all of the time. It's full of stuff that really shouldn't be there but is in order to get around loopholes formed by other clauses in the constitution (frequently due to previous amendments that don't really belong in a constitution). Practically every ballot's batch of propositions contains a few amendments. For example, the constitution is full of clauses mandating certain sums of money to be set aside for specific purposes, so nearly any attempt to shift budget priorities around has to be an amendment.
There simply isn't a clean division between constitutional and statutory topics in California government.
The No on 8 group's argument is not that the constitution cannot be amended by initiative, but that Prop 8 contradicts more fundamental principles of the California charter to such a degree that it is not a mere amendment, but rather a revision of the constitution, which would require a 2/3 vote of the legislature. Unfortunately, this argument almost never works. Including when they tried to use it to block Prop 8 from getting on the ballot.
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timeasmymeasure
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Date: 2008-11-07 02:35 am (UTC)There simply isn't a clean division between constitutional and statutory topics in California government.
The No on 8 group's argument is not that the constitution cannot be amended by initiative, but that Prop 8 contradicts more fundamental principles of the California charter to such a degree that it is not a mere amendment, but rather a revision of the constitution, which would require a 2/3 vote of the legislature. Unfortunately, this argument almost never works. Including when they tried to use it to block Prop 8 from getting on the ballot.
So, don't hold your breath.