In Re Initiative Petition No. 349, State Question No. 642

This case is not about the status of the United States Constitution as the supreme law of the land;1 not about the invalidity of law that is repugnant to the United States Constitution;2 nor even about this court’s power to invalidate constitutionally nonconformable law. The question before us is rather whether this court should free itself from the restraining hand of Thread-*19gill3 to now impose constitutional orthodoxy not only on law that is in force but also on an as-yet-unenacted measure in the political process of initiative lawmaking. To this question I would give a categorically…