The People Made Me Do it: Can the People of the States Instruct and Coerce Their State Legislatures in the Article V Constitutional Amendment Process?
30 Pages Posted: 23 Nov 2011
Date Written: March 1, 2000
In 1998, California voters enacted Proposition 225, a law that implicates a host of deep constitutional issues — namely, federalism, popular sovereignty, congressional term limits, and the federal constitutional amendment process. As expected, last summer the California Supreme Court invalidated the measure as violating Article V of the United States Constitution.
This essay addresses the constitutionality of a nationwide movement of which California’s experience is but one small part. By focusing on the text of Article V, I will argue that as there are historical as well as structural and practical arguments supporting my argument that it was not designed to interfere with the preexisting control that people enjoyed in their state legislatures.
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