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Wednesday, June 18, 2008

Constitutional Amendment by Simple Majority

I'm just a little blown away. Is it really true we can amend the state constitution by passing a proposition by simple majority? Shouldn't it be a higher threshold like 60% or 2/3s majority? Why is it easier to amend the constitution of the state than to pass a basic state budget?

4 Comments:

  • It seems that all States except Delaware allow amendments to their constitutions by a simple majority. Delaware requires 2/3s.

    http://books.google.com/books?id=0nqiWK6xC14C&pg=RA1-PA398&lpg=RA1-PA398&dq=how+many+votes+needed+to+amend+the+california+state+constitution&source=web&ots=Rutj4sKn8R&sig=dDEhmgE51ZbrOP5IrV4nbV19poY&hl=en&sa=X&oi=book_result&resnum=6&ct=result

    By Blogger Chris, at 11:04 PM  

  • Depression-era politics. The obvious solution seems to be passing a proposition either to lower the threshold to 50% if there is no tax rate increase, or to automatically propagate the previous budget until a new one is passed and pro-rated accordingly.

    By Blogger Michael, at 11:38 AM  

  • I'd be in favor of requiring a simply majority to pass the budget regardless of tax rate increase or not.

    By Blogger Chris, at 1:16 PM  

  • http://chrisfs.livejournal.com/275119.html

    The anti gay marriage prop has been challenged in court as over-reaching.
    "According to Norte's analysis, the initiative cannot legally proceed to the ballot because it constitutes a revision, not just an amendment, of the California Constitution."

    "Norte cites several sets of case law, but what it boils down to is that California citizens can amend the Constitution by ballot initiative, but they cannot change the fundamental parts of it (such as fundamental rights granted, and fundamental workings of the government) by ballot initiative. Changes of that scale are called revisions, and revisions can only be accomplished by a constitutional convention and popular ratification of the changes made by the convention, or by the Legislature passing the change and submitting it to the electorate for popular ratification.""

    By Blogger Chris, at 1:44 AM  

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