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From Idaho Voters to Decide on Legislative Control of Drug Legalization

How could the proposed constitutional amendment affect the supreme court?

Possible What happens if… A possibility worth considering, not a forecast.

The proposed constitutional amendment could trigger judicial review by the supreme court The proposed constitutional amendment, sponsored by Bruce Skaug, seeks to grant the Idaho Legislature sole authority over legalizing psychoactive substances, thereby limiting citizen-led ballot initiatives. This fundamental shift in state power could lead to legal challenges regarding the amendment's constitutionality. The supreme court has previously exercised judicial review over the balance of power between citizens and the legislature, as demonstrated when it struck down Senate Bill 1110 for nullifying the people’s fundamental constitutional right to legislate directly.

Reported by 1 independent outlet Written Oct 24
Effect
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How it reaches supreme court

Reported by news outletsBrind's reasoning

Tap any step to see the evidence behind it.

The facts so far

As reported. Each one links to where it comes from.

  • House Joint Resolution 4 would give the state Legislature sole authority to legalize marijuana and other psychoactive substances.spokesman.com
  • The supreme court struck down Senate Bill 1110, saying it nullified the people’s fundamental constitutional right to legislate directly.spokesman.com
  • The ability for citizens to put forth initiatives on the Idaho ballot stretches back to 1911.spokesman.com

Why it matters

The proposed amendment represents a significant shift in the political balance of power in Idaho, moving control over drug policy from the electorate to the Legislature. If passed, it would limit the ability of citizens to influence state policy through ballot initiatives, a process that has been a feature of Idaho politics since 1911.

This legislative move touches on core constitutional principles regarding direct democracy. The supreme court's role is to ensure that legislative actions, even those intended to protect the state, do not infringe upon the fundamental rights of the citizens to participate in governance.

What we don't know yet

  • Will the amendment pass the vote next month?
  • What specific legal grounds would be used to challenge the amendment's constitutionality?

What would change this answer

The amendment passes the vote and is signed into lawThe likelihood of a constitutional challenge increases significantly, placing the issue directly before the supreme court.
The supreme court issues a ruling on a similar initiative lawThat ruling could set a precedent that either supports or invalidates the legislative power structure proposed by HJR 4.

Who else could feel it

Other possible ripples from the same event.

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Brind's analysis is written by AI from the reporting linked above and can be wrong. This explainer is a possibility worth considering, not a forecast: steps marked as Brind's reasoning are not stated in the reporting. It is not investment advice; do your own research.