If you read the excellent article posted by madasheck above, one of the questions the California Supreme Court is faced with is abolishing the constitution of the state by ballot initiative. This excerpt sums up the major problems with this initiative…
Those questions include whether California voters’ broad authority to enact laws by initiative, established in 1911, includes the power to break up the state, and in the process abolish its Constitution and existing laws, to be replaced by lawmaking bodies in three future states.
The narrower legal issue is whether Prop. 9, drafted as a change in the laws that define California’s boundaries, would actually amount to a “revision” of the state Constitution. That cannot be done by initiative, but instead requires approval by two-thirds of both houses of the Legislature to be placed on the ballot.
“We believe it is clear that a ballot initiative may not revise the Constitution by making changes in the basic framework of government,” said Carlyle Hall, a lawyer for opponents who sued to take Prop. 9 off the ballot. “And there can be no greater change in our framework of government than the total abolition of our existing Constitution.”
