View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
HJR004..............................................................by SALI
CONSTITUTION - Proposing an amendment to the Constitution of the State of
Idaho relating to the interpretation and construction of the constitution.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to St Aff
HJR004
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 4
BY SALI
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO ARTICLE III, OF THE CONSTITUTION OF THE STATE OF
3 IDAHO, BY THE ADDITION OF A NEW SECTION 28, ARTICLE III, OF THE CONSTITU-
4 TION OF THE STATE OF IDAHO, RELATING TO THE INTERPRETATION AND CONSTRUC-
5 TION OF THE CONSTITUTION, TO PROVIDE THAT THE WORDS OF THE CONSTITUTION OF
6 THE STATE OF IDAHO, WHEN INTERPRETED AS TO THEIR EFFECT AS LAW, BE GIVEN
7 THE MEANING ATTRIBUTED TO SUCH WORDS AT THE TIME THE LANGUAGE BECAME PART
8 OF THE CONSTITUTION, TO PROVIDE THAT PRIMARY REGARD AND DIRECTIVE IN ALL
9 INTERPRETATION BE TAKEN FROM THE INTENT, REASONING AND PRINCIPLES ESPOUSED
10 BY THOSE PREVAILING IN THE DEBATE OVER INCLUSION OF THE LANGUAGE AT ISSUE,
11 TO REQUIRE THE LEGISLATURE WHEN AGGRIEVED BY A COURT'S INTERPRETATION OF
12 THE LANGUAGE OF THE CONSTITUTION TO, BY CONCURRENT RESOLUTION APPROVED BY
13 A MAJORITY OF BOTH HOUSES, RESCIND OR AMEND SUCH JUDICIAL INTERPRETATION
14 TO REFLECT THE ORIGINAL MEANING OF THE LANGUAGE CONSTRUED, TO PROVIDE THAT
15 THE RESOLUTION SHALL THEN BE THE LAW OF THIS STATE AND PENDING COURT
16 ACTIONS PREMISED ON THE PREVIOUS COURT INTERPRETATION SHALL BE APPROPRI-
17 ATELY RECONSIDERED AND MODIFIED, AND TO PROVIDE THAT THE PEOPLE, WHEN
18 AGGRIEVED BY THE ACTION OR INACTION OF THE LEGISLATURE, MAY IN THE FORM OF
19 INITIATIVE APPROVED BY A MAJORITY OF THE VOTING ELECTORATE, RESCIND OR
20 AMEND A COURT'S OR LEGISLATURE'S INTERPRETATION SO AS TO REFLECT THE ORIG-
21 INAL MEANING OF SUCH LANGUAGE IN ACCORDANCE WITH ITS ORIGINAL INTENT;
22 STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEG-
23 ISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING
24 THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED
25 BY LAW.
26 Be It Resolved by the Legislature of the State of Idaho:
27 SECTION 1. That Article III, of the Constitution of the State of Idaho,
28 be, and the same is hereby amended by the addition thereto of a NEW SECTION,
29 to be known and designated as Section 28, Article III, of the Constitution of
30 the State of Idaho, and to read as follows:
31 SECTION 28. INTERPRETATION OF CONSTITUTION -- ORIGINAL INTENT
32 TO BE FOLLOWED -- RESOLUTION RESCINDING OR AMENDING JUDICIAL INTER-
33 PRETATION -- INITIATIVE TO RESCIND OR AMEND LEGISLATIVE OR JUDICIAL
34 INTERPRETATION. The words of this Constitution, when interpreted as
35 to their effect as law, shall be given the meaning attributed to such
36 words at the time the language became part of this Constitution. Pri-
37 mary regard and directive in all interpretation shall be taken from
38 the intent, reasoning and principles espoused by those prevailing in
39 the debate over inclusion of the language at issue. The legislature
40 is obligated, when aggrieved by any court's interpretation of the
41 language of this Constitution, to, by concurrent resolution approved
42 by a majority of both houses, rescind or amend such judicial inter-
43 pretation to reflect the original meaning of the language construed.
2
1 The language of that resolution shall then be the law of this state
2 and pending court actions premised on the previous court interpreta-
3 tion shall be appropriately reconsidered and modified. After allowing
4 reasonable time for legislative action, the people, when aggrieved by
5 action or inaction of the legislature, may in the form of initiative
6 approved by a majority of the voting electorate, rescind or amend a
7 court's or legislature's interpretation so as to reflect the original
8 meaning of such language.
9 SECTION 2. The question to be submitted to the electors of the State of
10 Idaho at the next general election shall be as follows:
11 "Shall Article III, of the Constitution of the State of Idaho be amended
12 by the addition of a new Section 28, Article III, to provide that the words of
13 the Constitution of the State of Idaho, when interpreted as to their effect as
14 law, be given the meaning attributed to such words at the time the language
15 became part of the Constitution and that primary regard and directive in all
16 interpretation be taken from the intent, reasoning and principles espoused by
17 those prevailing in the debate over inclusion of the language at issue, to
18 require the legislature when aggrieved by a court's interpretation of the lan-
19 guage of the Constitution to, by concurrent resolution approved by a majority
20 of both houses, rescind or amend such judicial interpretation to reflect the
21 original meaning of the language construed, to provide that the resolution
22 shall then be the law of this state and pending court actions premised on the
23 previous court interpretation shall be appropriately reconsidered and modi-
24 fied, and to provide that the people, when aggrieved by the action or inaction
25 of the legislature, may in the form of initiative approved by a majority of
26 the voting electorate, rescind or amend a court's or legislature's interpreta-
27 tion so as to reflect the original meaning of such language?".
28 SECTION 3. The Legislative Council is directed to prepare the statements
29 required by Section 67-453, Idaho Code, and file the same.
30 SECTION 4. The Secretary of State is hereby directed to publish this pro-
31 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 09920
To require that the language of the Idaho constitution be interpreted according to
"original intent" and to add a check and balance between the judicial and
legislative branches of Idaho government. Currently, Idaho's constitution is only
given binding legal "interpretion" by the judicial branch, and there is no method
for review. This would add the ability for the legislature, and ultimately the
people of Idaho, to review an interpretation issued by the judiciary and correct
such interpretation to reflect "original intent."
FISCAL NOTE
None required.
CONTACT: Rep. Bill Sali
332-1000
STATEMENT OF PURPOSE/FISCAL IMPACT HJR 4
332-1000