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?

2 Responses to “A Constitutional Thought Experiment for California”

  1. John Cowan Says:

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

  2. Mogden Says:

    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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