Constitutional Amendment

News & Analysis as of

Secretary of the Commonwealth Issues Notice of Three Proposed Constitutional Amendments

WE, the people of Pennsylvania, have been governed by five different iterations of the state constitution since December 12, 1787, the day of our statehood. Each of those versions is the product of a state constitutional...more

SB 1272 (NKA Proposition 49) – The Secretary of State

Last week, I wrote that Governor Brown had allowed SB 1272 to become law without his signature. To say that SB 1272 became law is an hyperbole because, as Governor Brown observed, the bill “has no legal effect whatsoever”. ...more

Californians To Vote On Stripping Common Cause Of Its First Amendment Rights

I recently wrote about SB 1272 (Lieu) which calls a special election for this November 4 at which California voters will be able to cast an advisory vote on whether the U.S. Constitution should be amended to overturn the U.S....more

State Constitution Now Requires Local Agencies to Follow Brown and Public Records Acts - Whether or Not State Reimburses...

Voters Pass Proposition 42 and Create a Constitutional Amendment - California voters just approved Proposition 42, a state constitutional amendment to eliminate the requirement that the state reimburse costs incurred...more

U.S. Department of Education Reaffirms the Importance of Diversity Efforts Post- Schuette

In April, the Supreme Court issued its decision in Schuette v. Coalition to Defend Affirmative Action , upholding Michigan’s State Constitutional Amendment prohibiting, among other things, any preferential treatment on the...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

Texas Reverse Mortgage Constitutional Amendment Takes Effect

On November 22, an amendment to the Texas constitution took effect to permit the use of a reverse mortgage for the purchase of a homestead property. The amendment was approved by Texas voters on November 5. ...more

New Jersey Raises Minimum Wage by Constitutional Amendment

On November 5, 2013, New Jersey voters overwhelmingly approved (by a 61% to 39% margin) a constitutional amendment to raise the state minimum wage to $8.25 per hour starting on January 1, 2014. The amendment further mandates...more

Mexican Congress to Consider Constitutional Oil and Gas Reforms: Bold Stride Forward or Half-Step?

In what amounts to a sea-change in Mexican energy politics, each of a parliamentary group of Partido Acción Nacional ("PAN") and the President of Mexico, Enrique Peña Nieto, is sponsoring its own bill to amend the Mexican...more

Energy Newsletter - October 2013

In This Issue: - Mexican Congress to Consider Constitutional Oil and Gas Reforms: Bold Stride Forward or Half-Step? - European Union adds legislative weight to the promotion of transparency in the extractive...more

Constitutional Amendments and the Role of the New York City Voter Guide

Six constitutional amendments have been certified for the New York statewide ballot in 2013....more

Contributions and Casinos, Perfect Together?

Long ago, New Jersey said no. As for New York, a Constitutional amendment will be on the ballot this year to authorize casino gambling....more

"No State Income Tax" Constitutional Amendment to be Submitted to Tennessee Voters in November 2014

On April 8, 2013, the Tennessee House of Representatives passed Senate Joint Resolution 1 by a vote of 80-8, giving final approval to a proposed constitutional amendment to ban a state income tax in Tennessee on payroll and...more

Burr Alert: Evolving Bankruptcy Jurisdiction - Ninth Circuit Rules That Bankruptcy Courts Cannot Enter Final Judgment On...

Before the Supreme Court’s seminal ruling in Stern v. Marshall, bankruptcy courts regularly entered final orders in fraudulent conveyance actions and other “core” matters. In Stern v. Marshall, the Supreme Court ruled that...more

Happy New Year – Top 10 posts of 2012

Top 10 posts of 2012: New Rules for Service of Pleadings and Documents by E-mail; Florida Supreme Court implements e-discovery amendments – Effective September 1st; Rules Updates – New E-discovery and E-mail Service...more

Ninth Circuit Prohibits Bankruptcy Courts from Entering Judgments on Fraudulent Conveyance Claims Against Non-Claimants

The Ninth Circuit recently held that: bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and a...more

Condemnation Changed (Permanently?) In Virginia

On November 6, Virginia voted by a nearly 3-1 margin to amend the state constitution and drastically change eminent domain law. The constitutional amendment may ultimately be the source of quite a few unintended consequences...more

After Expensive Campaign, Proposal 3 Rejected By Voters

The renewable energy initiated constitutional amendment on the November 6 statewide ballot (Proposal 3) was defeated 62 percent to 38 percent. The proposal would have constitutionally mandated that by 2025, 25 percent of the...more

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