How come an initive gets voted on and approved by the voters and then later it gets over turned.
Doesn't this make the initive process worthless? If the people have spoken and voted something in and that it only gets over turned later. Then what is the use?
For example, a number of years ago proposition 187 (no public benefits for illegals) was voted in by the voters and then later got over turned. Does that make it useless?
2007-12-06 18:19:21 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The human mind is a mysterious work of art. Question not it's worth, for the answer is astoundingly honest. Some things are better off not being questioned.
2007-12-06 18:24:33 · answer #1 · answered by Adversity 3 · 0⤊ 0⤋
An intiative, if passed, becomes part of State law.
ALL State laws, whether passed by the legislature or by initiative, must comply with the Constitution.
If, for example, we were to vote in a proposition that says "The cops can enter any home at any time without a warrant" it would be overturned as a violation of the 4th amendment. Some parts of prop 187 were claimed to violate the Constitution.
Also, State laws cannot supersede Federal laws. Other parts of Prop 187 were in contradiction to Federal law, and were illegal on that basis.
Richard
2007-12-07 03:09:18 · answer #2 · answered by rickinnocal 7 · 0⤊ 0⤋
No law (whether passed by the government or voted by the people) can contradict the constitution. If it is unconstitutional, a court will strike it down.
Prop 187, according to the judge, violated the US constitution and therefore cannot be enforced.
2007-12-07 03:21:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Initiatives must be legal. The public benefits flap is due to a Supreme Court ruling, and this takes precedent over an initiative.
2007-12-07 02:24:08 · answer #4 · answered by cattbarf 7 · 0⤊ 0⤋