Thursday, November 6, 2008

quick note about amendments

Proposition 8 has also illuminated a pretty messed up California Constitution process. I know that in the national Constitution, it takes a 2/3 majority of states to approve a Constitutional Amendment (remember the Equal Rights Amendment battle for women's constitutional equality, anyone?). While I'm sad that amendment never passed (though it seems that quite a few laws have been put in place to ensure a lot of those rights), this seems like a rather healthy way of amending a founding document of the nation.
California's amendment process, however, seems a little crazy. To get something on the ballot, one must collect signatures of 8% of the total number of voters in the last governor's election. And to put an amendment to the Constitution, the amendment must be approved by a simple majority of voters. Which means, as in the case of Prop 8, that an amendment - an addition to the founding document of the state of California - needs approval by slightly more than half of the population (represented by those who vote, which is not necessarily representative in the true sense). So in other words, the California Constitution has at least one amendment that nearly half of the voters of California disagree with. Don't we need a higher standard than that? This is not just a law, but the founding framework of what can be made into law.

1 comment:

Elizabeth Holland said...

I totally agree...putting minority rights to a majority test isn't going to get us anywhere soon. It's making me kinda pissed off w/ California.