Brief of Amici Curiae In Support of Petitioner in Hickenlooper v. Kerr
As a matter of history and law, there is no basis for the assertion that limiting a legislature’s fiscal powers violates the republican form. The U.S. Constitution itself contains important fiscal restrictions on Congress, while state constitutional restrictions on legislative power—by popular vote and otherwise—are widespread and long-standing. Finally, the standard sources used by the U.S. Supreme Court to deduce constitutional meaning show, beyond any doubt, that direct citizen voting on fiscal measures and other laws was a permitted—and even prevalent—feature of “republican” government as the term was understood by those who wrote and adopted the U.S. Constitution. Even if respondents’ complaint stated a justiciable claim, the motion to dismiss should still have been granted.