December 6, 2007

The meaning of 'Legislature'

Rick Hasen thinks the Republican-based initiative to change the way California distributes its electoral votes could throw the 2008 presidential election to the US Supreme Court, again. The legal question here is whether the voters of California can do what the Constitution says is reserved for the Legislature: decide how to split up the electoral votes. California's Supreme Court has always ruled that the voters, via direct democracy, effectively act as the Legislature. But the U.S. Supreme Court might take a different view.

Posted by dweintraub on December 6, 2007 2:39 PM