“the people’s legislative power as defined in article 5, section 1, of the Oklahoma Constitution does not include the power to use the initia- tive process to attempt to change federal constitutional law”
How later courts described this case
- “the people’s legislative power as defined in article 5, section 1, of the Oklahoma Constitution does not include the power to use the initia- tive process to attempt to change federal constitutional law”
- application for an Article V convention "is not binding, * * * is incapable of being carried into effect, and * * * is incapable of being enforced"
- Oklahoma initiative invalidated on Article V and state constitutional grounds
- invalidated on Article V and state constitutional grounds
Written by the judges who cited it.
The opinion
SUMMERS, Justice,
concurring in part and dissenting in part.
I join Justice Hodges’ dissenting opinion insofar as he would sever the unconstitutional part of the proposal and submit the remainder to a vote.
I concur in the majority’s conclusion that the attorney may not withdraw the signatures to the initiative petition.