concluding that the IPA mandate that the Board exclude from the ballot a referendum measure that would negate a budget-request act “comports with the Charter Amendment limitations on the initiative right [and that] the reliance of the Board ... on that provision was entirely proper”
How later courts described this case
- concluding that the IPA mandate that the Board exclude from the ballot a referendum measure that would negate a budget-request act “comports with the Charter Amendment limitations on the initiative right [and that] the reliance of the Board ... on that provision was entirely proper”
- incorporating by reference the rationale of the opinion Chief Judge Newman wrote for the division majority, see 441 A.2d 871, 876 (D.C.1980) (“the power of the electorate to propose laws through the initiative is co-extensive with the power of the legislative branch of government to pass legislative acts, ordinances, and resolutions”)
- explaining that voters' power to legislate by initiative can be no broader than the Council's legislative power
- "As implementing legislation, the Initiative Procedures Act is valid, of course, only insofar as it conforms to the underlying Charter Amendments"
Written by the judges who cited it.
The opinion
Outline op the Plurality Opinion
Page
I. Summary op Decision___892
II. History of the Cases_893
*892 Page
III. The CCRC Initiative Proposes a “Law” -- — . 896
A. The Scope of the Initiative Power-896
B. The Scope of the CCRC Initiative-898
1. The Significance of the Initiative Bill Itself-898
2. The CCRC Initiative-899
3. Postcirculation Revisions-900
C. The Powers of the Council-902
1. Home Rule Powers-903
2. The Budgetary Exception-904
a. The Budgetary Process-904
b. Deauthorization and Defunding-905
D. A Legislative Act_ 907
IV. The CCRC Initiative Proposes a “Law Appropriating Funds” 911
A. “Laws Appropriating Funds”-911
B. The “Dixon Amendment”-914
C. The Invalidity of the CCRC Initiative-915
V.Conclusion__ 916
VI.POSTSCRIPT: RESPONSE TO DISSENT_ 916
Appendix A: Initiative Measure No. 1... 919
Appendix B: Initiative Measure No. 2-920
Appencix C: Initiative Measure No. 3---920