In response to your question, the main cases
discussing the definition of "legislature" are:

Ohio ex rel. Davis v. Hildebrant, 241 U.S. 565 (1916)
Hawke v. Smith, 253 U.S. 221 (1920) 
Leser v. Garnett, 258 U.S. 130 (1922) 
Smiley v. Holm, 285 U.S. 355 (1932)

Hawke and Leser involve the definition of
"Legislature" in Article V, and Hildebrant and Smiley
address the same question with regard to Article I. 

These cases, as well as McPherson v. Blacker, 146 U.S.
1 (1892), Bush v. Gore, and other mostly state-level
cases which touch on this question, are discussed in
detail in my note, Judicial Redistricting and the
Article I Legislature, 103 Colum. L. Rev. 350 (2003),
which analyzes the definition of "Legislature," mostly
in the Article I context, but with reference to the
Article II context as well. Hopefully, some on this
list might find my discussion helpful in working
through the constitutional arguments surounding
Colorado ballot measure 36.

Saul Zipkin

--- "ban@richardwinger.com" <richardwinger@yahoo.com>
wrote:

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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