[Paleo Conservative]

The US Supreme Court has ruled in prior cases that a law passed by initiative is just as valid as one passed by the legislature. Therefore, absent unusual circumstances not present here, whatever the legislature can do, the people can do if their state constitution provides for the initiative.

Does that mean inititives and referenda could be used to ratify constitutional amendments?

[Publius]

No, in a 1920 Supreme Court decision, the Court ruled that a referendum could not be used to ratify a constitutional amendment. Article V’s specific language about legislatures or state ratifying conventions was sacred.

[Congressman Billybob]

No, it doesn’t. There are two different lines of Supreme Court decisions, one concerning legislation by initiative and other concerning ratification of amendments. The conclusions are different in the two lines of cases.

See earlier posts.

John / Billybob