[EM] Initiatives

Daniel Davis cicero13 at ufl.edu
Mon Nov 9 10:00:46 PST 1998

               Re: [EM] Initiatives
               Mon, 09 Nov 1998 13:00:08 -0500
               Daniel Davis <cicero13 at ufl.edu>
               University of Florida
               wiwillia at coe.neu.edu
               1 , 2 , 3

William J. Williamson wrote:

> Daniel Davis wrote:
> >     SIR:
> >
> >     As the writer of an initiative that garnered more signatures than needed, and
> > was thrown out by the judicial system for being "unconstitution",--well I am
> > still angry about that.
> >
> >     Does the judicial system have a right to throw out an initiative (with valid
> > signatures, following all regulations) because it feels it is unconstitutional?
> >
> > dd
> >
>   I am new to this list so this is my first response.
> Of course the judicial system has that right that is its purpose.
> Jeff Williamson

    Ooo fresh meat.

    Ok, so if a congressman introduces a bill on the house floor, the chief justice of
the supreme court can rule it unconstitutional **BEFORE** it passes the house?

    NO.  According to judicial review, the law must be passed, and someone must bring
suit against it to a court before a court can rule on its constitutionality.  The same
rules applied to our situtation.

    It is NOT the "right" and "purpose" to interfere with the will of the people.
There was an initiative, called the clean air ordinance, for Alachua County Florida
(containing gainesville and the university of florida).  One of the arguments by its
industrial opponents was that it was unconstitutional, so the county will have to pay
for court fees IF it is passed.

    I can tell this was your first response.


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