Posted by Eugene Volokh:
Amending the Iowa Constitution Would Take Time:
http://volokh.com/archives/archive_2009_03_29-2009_04_04.shtml#1238779100
I expect there'll be a rather politically popular movement afoot to
amend the Iowa Constitution in order to overturn the Iowa Supreme
Court's same-sex marriage decision. (The court, after all, was
applying the Iowa Constitution that was enacted by the people of Iowa;
the people of the state of Iowa are entitled to change the
constitution just as they were enacted to enact it in the first
place.) But amending the Iowa Constitution is a slow process -- here
are the [1]relevant state constitutional provisions, from Article X of
the constitution (some line breaks added):
� 1. Any amendment or amendments to this constitution may be
proposed in either house of the general assembly; and if the same
shall be agreed to by a majority of the members elected to each of
the two houses, such proposed amendment shall be entered on their
journals, with the yeas and nays taken thereon, and referred to the
legislature to be chosen at the next general election, and shall be
published, as provided by law, for three months previous to the
time of making such choice;
and if, in the general assembly so next chosen as aforesaid,
such proposed amendment or amendments shall be agreed to, by a
majority of all the members elected to each house, then it shall be
the duty of the general assembly to submit such proposed amendment
or amendments to the people, in such manner, and at such time as
the general assembly shall provide;
and if the people shall approve and ratify such amendment or
amendments, by a majority of the electors qualified to vote for
members of the general assembly, voting thereon, such amendment or
amendments shall become a part of the constitution of this
state....
� 3. At the general election to be held in the year one thousand
nine hundred and seventy, and in each tenth year thereafter, and
also at such times as the general assembly may, by law, provide,
the question, "Shall there be a convention to revise the
constitution, and propose amendment or amendments to same?" shall
be decided by the electors qualified to vote for members of the
general assembly;
and in case a majority of the electors so qualified, voting at
such election, for and against such proposition, shall decide in
favor of a convention for such purpose, the general assembly, at
its next session, shall provide by law for the election of
delegates to such convention, and for submitting the results of
said convention to the people, in such manner and at such time as
the general assembly shall provide;
and if the people shall approve and ratify such amendment or
amendments, by a majority of the electors qualified to vote for
members of the general assembly, voting thereon, such amendment or
amendments shall become a part of the constitution of this state.
If two or more amendments shall be submitted at the same time,
they shall be submitted in such a manner that electors may vote for
or against each such amendment separately.
On the road for the next few days, and not sure I'll be able to blog
more until next Tuesday.
References
1. http://www.legis.state.ia.us/Constitution.html#a10s1
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