Thursday, June 20, 2024

AMENDMENT OR REVISION ?

By Bob Walsh

 

Justices Bench 2023

 

The California Supreme Court will issue their decision, probably today. The question is the Taxpayer Protection Act which will otherwise be on the November ballot.  This is an initiative put up by the people (those pesky bastards) as opposed to the legislature or a constitutional convention.  The court has been requested by the Governor and the Legislature to take the issue off the ballot so the people don't even get to have their say.  The request has been made once before in the early 20th century.  It was successful.

The proposal would, if passed, make it necessary for the government at any level, state or local, to get 2/3 vote of the people to increase any fee, tax, levy, etc.  It would be retroactive to 2022, which would shitcan a newly enacted 11% tax on guns and ammunition and an increase in the gas tax.

The question is what is the proposal.  If it is an amendment the people can do it.  If it is too expansive to be considered an amendment and it is instead considered to be a revision, it must be launched from the legislature and not from the public.  (The CA constitution is the most amended state constitution in the country.  It now runs something like 600 pages.

The CA Supreme Court has twice previously shitcanned constitutional revisions.  In 1948 the court dump a ballot proposition off the ballot that would have changed 15 of the 25 articles of the state constitution.  It also dumped a portion of a 1990 ballot measure, but only after the people had approved it.  

We will find out this morning (probably) which way the court is jumping. 

2 comments:

bob walsh said...

The state supreme court today threw the proposition off the ballot. The people will not even get the chance to vote for it. The vote was unanimous.

Anonymous said...

Our little city just gathered enough signatures for the Mayor to be recalled. We'll see. (USA)