Opinion

In Re Initiative Petition No. 364

  • 67 O.B.A.J. 3874
  • 930 P.2d 186
  • 1996 OK 129
  • 1996 Okla. LEXIS 144
  • 1996 WL 709162
Court
Supreme Court of Oklahoma
Filed
Dec 10, 1996
Status
Published
Author
Hargrave
On the bench
Kauger, Lavender, Simms, Ala, Watt, Summers, Wilson, Hodges, Hargrave
Cited by
18 cases

“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

HARGRAVE, Justice,

dissenting.

I respectfully dissent from the majority opinion in this case. A plain reading of Article 5, Section 1, of the Oklahoma Constitution reserves to the people the right to propose an amendment to the Constitution and to vote on the adoption or rejection of the same. I find no impediment to the people amending the Constitution for the purpose of making a statement therein. Neither do I find the proposal so facially infirm as to strike it, at this time, from a submission to the people. I would treat this proposal as any other proposed act of legislation and, if and when it is adopted, at that time determine its constitutionality in the presentment of a proper case. I would let the people complete their attempt to use the reserved right of the initiative process.

I AM AUTHORIZED TO STATE THAT CHIEF JUSTICE WILSON CONCURS IN THIS VIEW.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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