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- Newsgroups: co.politics
- Path: sparky!uunet!spool.mu.edu!agate!boulder!csn!raven!rcd
- From: rcd@raven.eklektix.com (Dick Dunn)
- Subject: Why is it so easy to amend our constitution?
- Message-ID: <1992Nov19.070706@eklektix.com>
- Organization: eklektix - Boulder, Colorado
- Date: Thu, 19 Nov 1992 07:07:06 GMT
- Lines: 36
-
- Watching all the brouhaha over Amendment 2, I've been thinking back to
- something a friend asked shortly before the election: "Why is all this
- crap going into the constitution?" Take the bear-hunt thing as an extreme
- example: regardless of your position on the issue, why does a hand-slap for
- the Division of Wildlife get written into the constitution?? And on the
- other side, why is a measure as controversial as 2--and as fundamental in
- its implications for both civil rights and law-making--passed by a simple
- majority.
-
- The US Constitution doesn't work that way, and with good reason: It's a
- more fundamental set of laws, exercising control and putting bounds on a
- much larger body of lesser laws. So it's made harder to tinker with.
-
- What I'm suggesting is that it seems a lot more sensible to let ballot
- initiatives be of two sorts:
- - those which would be bound by the existing state constitution
- and could only affect existing "ordinary" laws, and which could
- pass by simple majority
- - those which could amend the state constitution and would require
- more substantial voter approval (say 2/3 == 2:1 approval)
- The legal side of the chaos over #2 seems to me to stem from being able to
- make a fundamental (sic) change by a slim majority--it makes "tyranny of
- the majority" changes too easy to achieve, and too subject to a fickle
- electorate. (I'd bet that if you held another vote tomorrow on #2, it
- would fail by a larger margin than it just passed two weeks ago.)
-
- We don't want to make citizen initiatives impossible to pass, which is why
- I'm not just suggesting that we change to 2/3 on everything and be done.
- But we do need stronger agreement before we make very basic changes.
-
- I admit to feeling pretty stupid, after all the time I've lived in
- Colorado, only now wondering why amendments work this way and why our state
- constitution is so delicate.
- --
- Dick Dunn rcd@raven.eklektix.com -or- raven!rcd Boulder, Colorado
- ...Simpler is better.
-