CLEAN v. State

(dissenting) — By judicial fiat the majority and concurrence virtually eliminate the people’s constitutional right to referendum by leaving it to the tender mercies of the Legislature. I would rather heed the warning of Chief Justice Marshall, "We must never forget that it is a Constitution we are expounding,”21 by applying the original text as written:

*822Article II

Legislative Department

§ 1. Legislative Powers, Where Vested.

The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the…