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A Constitutional Thought Experiment for California

Suppose the voters of this state passed a ballot resolution banning marriage between doctors and lawyers, and further invalidating existing marriages between doctors and lawyers. Would such a resolution be binding, or would it rightly be rejected by the courts? Are there any limits on the power of a ballot resolution beyond those set by the Federal Constitution?

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This entry was posted on Thursday, January 15th, 2009 at 11:38 AM and is filed under Politics. You can follow any responses to this entry through the Atom feed. You can skip to the end and make a comment. Pinging is currently not allowed.

2 Responses to “A Constitutional Thought Experiment for California”

  1. John Cowan Says:
    January 15th, 2009 at 1:12 PM

    The California Constitution, unless the resolution is about an amendment to that constitution.

  2. Mogden Says:
    January 16th, 2009 at 1:58 AM

    Yes. A ballot constiutional amendment may not revise an existing constitutional provision. There is another process for that involving the legislature.

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