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To: jazusamo
The California Supreme Court has held that while amendments to the California state constitution through ballot measures are appropriate, more significant "revisions" of the constitution require action from the legislature.

Sounds like double-talk to me.

53 posted on 07/18/2018 4:39:37 PM PDT by libertylover (I'm not arguing with you; I'm just explaining why I'm right and you're wrong.)
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To: libertylover
This is Article XVIII of the California State Constitution (State amendment process):

SEC. 1. The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may propose an amendment or revision of the Constitution and in the same manner may amend or withdraw its proposal. Each amendment shall be so prepared and submitted that it can be voted on separately.

(Sec. 1 added Nov. 3, 1970, by Prop. 16. Res.Ch. 187, 1970.)

SEC. 2. The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may submit at a general election the question whether to call a convention to revise the Constitution. If the majority vote yes on that question, within 6 months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable.

(Sec. 2 added Nov. 3, 1970, by Prop. 16. Res.Ch. 187, 1970.)

SEC. 3. The electors may amend the Constitution by initiative.

(Sec. 3 added Nov. 3, 1970, by Prop. 16. Res.Ch. 187, 1970.)

SEC. 4. A proposed amendment or revision shall be submitted to the electors and, if approved by a majority of votes cast thereon, takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

(Sec. 4 amended June 5, 2018, by Prop. 71. Res.Ch. 190, 2017.)

The California Supreme Court said that because Section 2 refers to the People amending the State Constitution via an initiative, that means the People can not revise it via initiative and that amending the State Constitution to authorize dividing the State is a revision. The State Constitution does not explain the difference between an "amendment" and a "revision."

57 posted on 07/18/2018 5:43:46 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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