Recall California Proposition 22, which exempted Uber Technologies Inc, Lyft Inc, and DoorDash Inc from a California state gig law that, in essence, requires businesses to reclassify their gig associates from independent contractors to employees. That proposition was passed overwhelmingly by the citizens of California.
A California state judge ruled last Friday that the proposition was unconstitutional and so unenforceable. His rationale:
Superior Court Judge Frank Roesch said in Friday’s ruling that Proposition 22 limits the state legislature’s authority and its ability to pass future legislation, which is unconstitutional.
The judge has ruled that the people are not allowed to limit the authority of their employee, of their government. Keep in mind that, although Roesch couched his ruling in terms of the State’s legislative branch, his own judiciary branch is a part of that government whose authority he’s protecting.
The California government (including Roesch, et al., mind you) is not subordinate to the citizens of California?
Here’s the preamble to the California State constitution, which according to Roesch has no meaning.
We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.
It used to be the People of California’s constitution, not the State judiciary’s.
Here’s Art II, Sect 1:
All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.
Here’s Art II, Sect 10(a):
An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If a referendum petition is filed against a part of a statute the remainder shall not be delayed from going into effect.
Unless a member of the State’s government, here a judge, demurs. Then the people’s decision is set aside. Because the People are no longer sovereign in California.