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The will of the people be damned. That's called MOB RULE. I despise the entire system which allows citizens to legislate through ballot initiatives. I understand it's necessary when legislatures become unresponsive to the citizens, but there's got to be a limit on such mob power.
One of the limits I would propose would be - no ballot initiatives on matters of civil liberties - lest blacks, latinos, homos, et al. get shafted by the mob of the majority voters.
It's the legislature's job to legislate, and I don't see anything unconsitutional with them checking and balancing the people's power to legislate directly through ballot initiatives. Certainly the court has such power, as initiatives are often found to be unconstitutional or otherwise illegal in result. And if anyone wants to take away such check and balance power from the legislature, lets not hear from them about courts having to legislate from the bench. There'll be even more of that if the legislature has to give up on it.
(Heheh, most law comes from the courts anyway, and always has. Cracks me up when I hear about judicial activism and legislating from the bench ... the precise thing the judicial system is designed to do ... and does for the protection of all our rights that the legislature couldn't give a damn about.)
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