dlowan wrote:Setanta wrote:Not that particular example, because that would be a violation of the constitutional prohibition on cruel and unusual punishment. In rather simplistic terms, referenda can only repeal laws or legislate by popular vote to the extent that they don't violate the state constitution in question, or the Constitution of the United States.
From what Fishin' said, that was made manifest in Massachusetts, but I was not sure what the CA position was.....(I am aware that people likely would/will take such things to court in CA, with such things being judged against the constitution in the end, I assume????....but I was asking what the rules actually say in CA).
There is no "pre-screening" in the CA process itself that prevents someone from attempting to get an unconstitutional provision up for a referendum. As Set stated though, if one passed it would meet with a lawsuit in short order.
