Livermore v. Waite
1894 California Supreme Court ruling / From Wikipedia, the free encyclopedia
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Livermore V. Waite is an 1894 California Supreme Court ruling that limits the power of the legislature in making amendments to the California Constitution[1] by ruling that the power to change to the constitution cannot be delegated to any individual, as the sovereign power rests with the people [2]
Quick Facts Livermore v. Waite, Decided March 28, 1894, ...
Livermore v. Waite | |
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Decided March 28, 1894, | |
Full case name | Horatio P. Livermore v. E. G. Waite, Secretary of State, etc. |
Citation(s) | 102 Cal. 113 (1894), 117, 36 P. 424 |
Case history | |
Prior history | Appeal from a judgment of the Superior Court of Sacramento County. |
Holding | |
Constitutional amendments must be enacted in a manner explicitly provided for by the California Constitution, while constitutional revisions only must follow the United States Constitution. | |
Case opinions | |
Majority | Harrison, joined by Beatty, Fitzgerald, Dehaven |
Concurrence | Garoutte, joined by Mcfarland, Paterson |
Laws applied | |
Cal. Const. Amend. XVIII |
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The decision was met with the full concurrence of the court,[3] with the majority opinion authored by Justice Harrison and the concurring opinion authored by Justice Paterson.