Per SCOTUS, initiative created redistricting commissions may be l'histoire (user search)
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  Per SCOTUS, initiative created redistricting commissions may be l'histoire (search mode)
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Author Topic: Per SCOTUS, initiative created redistricting commissions may be l'histoire  (Read 15580 times)
Linus Van Pelt
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Posts: 2,145


« on: March 05, 2015, 10:23:47 PM »

Most democracies have independent commissions that are put in place by the legislature without any citizen ballot initiatives. So this issue ought, in principle, to be irrelevant. I know, of course, that the reality is different.

The idea that "the Legislature" should be interpreted to include a citizen referendum seems very dubious. In the original constitution, prior to the 17th amendment, the House is described with the following text:

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while the Senate is described thus:

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It seems pretty clear that the authors distinguished "the People" from "the Legislature". That's why the 17th amendment was needed.
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