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I think people are being confused by this. My understanding is that it is not the specific supermajority requirement that is the issue, because as others say,
by cortesoft 5y ago
I think people are being confused by this.
My understanding is that it is not the specific supermajority requirement that is the issue, because as others say, propositions are already by default not able to be changed or overturned by the legislature (if they were, propositions would be pointless because any proposition the legislature wants to be law would have already been passed as a normal law, and any proposition the legislature doesn't want would be changed by the majority who didn't want the law.)
The real issue is that the court is ruling that the clause is violating the single subject rule for propositions, and is restricting the legislature from making laws that are outside the scope of what the proposition says it is about. The 7/8th thing would be fine if they were just giving a way for the legislature to amend the actual proposition... instead, it is restricting the legislature from being able to make laws that are not affecting the direct stated single purpose of the proposition.
The tool is fine, it is what the tool is being used on.
- deleted 5y ago[deleted]