Respecting the People's Initiative Process, Article II, Sec. 1 of
our California Constitution, it is established in no uncertain
terms, "All political power is inherent in the People. Government
is instituted for their protection, security, and benefit, and
they have the right to alter or reform it when the public good may
It is therefore obvious from our Constitution that the Initiative
Process is ONLY for the People and from the People. Government has
no power nor jurisdiction whatsoever to meddle with this inherent
power of the People, as it is exclusively a avenue of redress
strictly in the hands of the People. This, of course, means that
government is forbidden from altering the Initiative Process and
from placing government propositions upon the California ballot.
Yet we see more than half of all propositions placed upon the
California ballot every election cycle are placed there by the
Legislature. Laws proposed by legislators are limited to the
legislative process of proposed amendments, committee votes,
readings and oppositions, and ultimately the subject of a
potential veto by the governor, unlike every Initiative. By no
means can it be argued that "All political power is inherent in
Further, what does the word "All" mean? If all political powers
are inherent in the People, then what part of political powers are
beyond the reach of the People to which the Legislature if free to
overrule? The answer is obvious! We are a government of the
People, by the People, and for the People, and not a government of
the Legislature, by the Legislature, and for the Legislature! Do I
hear an Amen on this?
As powerful a Congress is, it is strictly forbidden from
legislation interfering with the People's right of redress. Proof,
you ask. I thought you would never ask. Why it is the First
Amendment to the United States Constitution, "Congress shall make
no law respecting ... the right of the People... to petition the
government for a redress of grievances." Ahh, but you say, we are
here talking about the Legislature of the State of California, not
Congress. Okay, so I will take the liberty of rephrasing the First
Amendment. "The Legislature of the State of California shall make
no law respecting ... the right of the People ... to petition the
government for a redress of grievances."
But now you argue, we are not here talking about redress of
grievances, but Initiatives. Now what do you call the inherent
right of the People to alter or reform their forms of government?
I can hardly think of better words to describe "Redress." And is
this not the sole subject of our Declaration of Independence,
"That to secure these rights, governments are established among
men, deriving their just powers from the consent of the governed,
that whenever any form of government becomes destructive of these
ends, it is the right of the People to alter or abolish it..." If
I understand our present form of government correctly, if
government in any way seeks to tamper in the least with the
People's right of redress, it is open season on the offender.
Now I wish to call to your attention the sternness in which our
Founding Fathers preserved this protection to the People. It does
not say, "Congress shall not enforce any law," but rather,
"Congress shall make no law." Therefore, the offense is
consummated in the mere "making" of such a law, let alone the
question of enforcing such law.
Stay with me, folks! it is my contention that the mere discussion
and proposal of legislation to lessening the right of the People's
to redress of grievances is raw tyranny, and subjects the offender
to the wrath of the People, whatever that may be, and such
"legislation" is void the very moment it is "made."
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