Subject: Colo. ballot measure 36
From: "ban@richardwinger.com" <richardwinger@yahoo.com>
Date: 10/14/2004, 8:46 AM
To: election-law@majordomo.lls.edu
Reply-to:
ban@richardwinger.com

Without having done any research, let me express the
opinion that for Article II purposes, the voters of
Colorado are the "legislature".  

When the voters vote on an initiative, that whole body
of voters is acting as an additional state
legislature, for a limited purpose and a limited time
(election day only).  Without even checking a
dictionary, it seems to me that a legislature is any
body of people empowered to add, delete or alter an
existing law.  I presume the reference to the
initiative procedure in various state constitutions
agrees with this thought.  Has anyone checked the
wording of the Colorado Constitution when it talks
about the initiative process?

As Rick Hasen and others have noted, there is already
a US Supreme Court decision from around 1920 that
agrees, although apparently there is a second one that
seems not to agree.  I hope someone will post the case
names and cites.


		
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