HR 5 - Statement of Opposition to Proposition 8 - California Key Vote


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Title: Statement of Opposition to Proposition 8

Vote Smart's Synopsis:

Vote to pass a resolution that states the Assembly's opposition to Proposition 8, alleging it to be an "improper revision" of the state constitution and not an amendment thereof, and thus failing to meet constitutional requirements.


-Specifies that Article XVIII of the state constitution specifies that while an amendment to the constitution can be achieved through the initiative process, a proposed revision of the constitution must be approved by a two-thirds vote in each chamber of the legislature. -Specifies that the California Supreme Court ruled in Livermore v. Waite (1894) and subsequent rulings that a revision to the state constitution is a substantial change to the "underlying principles" of the state constitution or the structure of the "basic governmental plan." -Specifies that Article III of the state constitution establishes the courts as the ultimate authority in interpreting and enforcing the principle of equal protection. -Alleges equal protection to be a foundational principle underlying the state constitution and an essential structural role in the basic governmental plan. -Alleges Proposition 8 severely undermines the foundational principle of equal protection, and thus would be considered an revision of the state constitution that cannot be achieved through a simple majority vote by the electors.