A Constitution in Conflict: The Doctrine of Independent State Grounds and the Voter Initiative in California
Part I of this Article discusses the fundamental nature of the rights found in California's Declaration of Rights, and the need to maintain their stability. It also discusses the problems inherent in forcing the interpretation of California rights to follow federal interpretations. Part II traces the development of the independent state grounds doctrine in the United States, and specifically, in California. Part III explains the history and procedure of the voter initiative in California, while Part IV analyzes how Propositions 8 and 115 have limited the ability of the California judiciary to give independent meaning to California's Declaration of Rights. Part V examines other proposals and concludes that a super-majority vote for changes to the Declaration of Rights would best achieve a balance between the right of the voters to alter the Declaration of Rights and the right to an independent state constitution.
21 Hastings Cont. L. Q. 95 (1993)