CALIFORNIA CONSTITUTION
ARTICLE 18 AMENDING AND REVISING THE CONSTITUTION
SEC. 1. The Legislature by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, may propose an
amendment or revision of the Constitution and in the same manner may
amend or withdraw its proposal. Each amendment shall be so prepared
and submitted that it can be voted on separately.
SEC. 2. The Legislature by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, may submit at
a general election the question whether to call a convention to
revise the Constitution. If the majority vote yes on that question,
within 6 months the Legislature shall provide for the convention.
Delegates to a constitutional convention shall be voters elected from
districts as nearly equal in population as may be practicable.
SEC. 3. The electors may amend the Constitution by initiative.
SEC. 4. A proposed amendment or revision shall be submitted to the
electors and if approved by a majority of votes thereon takes effect
the day after the election unless the measure provides otherwise. If
provisions of 2 or more measures approved at the same election
conflict, those of the measure receiving the highest affirmative vote
shall prevail.
Hmmm... Seems to me that Sections 3 and 4 cover the recent vote results concerning Prop. 8
It was placed on the ballot IAW section 3 and passed IAW section 4.
I don't see where the state SC has any legitimate legal authorty to over turn an amendment approved by the voters.