Oodles of amendments

July 13, 2009
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I recently spent a few days in San Francisco and I heard a startling fact: the California Constitution has been amended something like 512 times. The information came via an editorial running on a local news station. I managed to catch it in bits and pieces over the course of my visit.

The editorial compared that state’s constitution with the U.S. Constitution in that it’s only been amended 27 times in its history. This got my legal and journalistic wheels turning, so I did a little research when I got home.

It’s much easier to amend the California Constitution than it is for Hoosiers to amend ours, or the U.S. Constitution. In California, two-thirds of the Assembly and State Senate have to vote on the amendment to add it to the ballot. Voters can also get an amendment on the ballot by procuring at a number of signatures equal to at least 8 percent of the votes cast for all the candidates in the last gubernatorial race.

The pro of this method: the general public can have a say in how their constitution is amended. The con of this method: so do interest groups with a lot of money who can gather enough signatures to forward their agenda.

Once on the ballot, an amendment needs 50 percent plus one of those voting to be enacted.

In Indiana, Article 16 says an amendment needs to be agreed to by a majority of the members in each of the houses and then referred to the next elected General Assembly. If the next one agrees to it by a majority vote, the amendment is submitted to the voters at the next general election. If a majority of voters agree to it, it becomes part of our constitution.

Indiana’s constitution hasn’t been amended nearly as much as California’s. I can’t exactly remember what the editorial said (and I haven’t been able to find it online to review), but the gist of it was questioning what Californians are doing by adding all these amendments and that this has got to stop. I’m going to assume this editorial was a result of Proposition 8, the latest amendment to their constitution. Tens of millions of dollars were spent by interest groups lobbying for or against the amendment defining marriage as between a man and a woman.

While it seems appealing to have a more accessible way for the voting public to amend the constitution, it results in numerous amendments. Is it better or worse for voters, legislators, and judges to allow the general public a fairly easy way to amend their constitution? Imagine how different Indiana’s Constitution, or the U.S. Constitution, would be if the same process used in California were the law of the land.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...