Armatta v. Kitzhaber

*252CARSON, C. J.

This is a certified appeal involving a direct challenge to the constitutionality of Ballot Measure 40 (1996),1 a “crime victims’ rights” initiative that was approved by the voters at the 1996 general election. The circuit court enjoined defendants Kitzhaber and the State of Oregon (collectively referred to herein as “the state”) from enforcing section (2) of Measure 40, after concluding that that section revised, rather than amended, the Oregon Constitution. The state appealed to the Court of Appeals, which certified the appeal to this court.

As this case is presented to us, the…