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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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