Does Proposition 73 violate the constitution by being enacted directly by the voters rather than by the state legislature?
MultiRegion, United States of America
The following excerpt is from Service Employees Intern. Union, AFL-CIO, CLC v. Fair Political Practice Com'n, 955 F.2d 1312 (9th Cir. 1992):
1 That Proposition 73 was enacted directly by the voters rather than by the state legislature does not change our constitutional analysis. "[V]oters may no more violate the Constitution by enacting a ballot measure than a legislative body may do so by enacting legislation." Citizens Against Rent Control v. Berkeley, 454 U.S. 290, 295, 102 S.Ct. 434, 437, 70 L.Ed.2d 492 (1981).
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