The recent Supreme Court ruling on California's Prop 8 (that amended the state constitution to declare that marriage was between 1 man and 1 woman) has just emasculated the initiative process. The initiative process is a way for the People to directly legislate. This is often at odds with what the elected legislators want. Certainly, the majority Democrat legislature of California didn't want Prop 8 to pass. The current governor doesn't want to enforce it. But the people, by a statewide vote, wanted it. Democracy, don't you know. But, as one would expect, those who lost the vote went to court. And won. This in and of itself is a problem. Do the people have the right to rule themselves or not? But that's another issue. What happened after that first court case is at issue. The state government refused to defend the constitution of the state before the Supreme Court. Yes, it is a duly passed amendment and the state government is, in theory, required to adhere to it but refused to defend it in court. Well, it's a court case and someone must speak up. Someone did. And the court ruled that they didn't have standing to defend Prop 8. Therefore, the lower court ruling stands.
What does this mean in the long run? What if the People of California pass an initiative to limit the terms of government service? A few 'public servants' sue and the state refuses to defend the proposition. Voila! It is overturned. The vote of the People can be dismissed and the People don't have standing to appeal. This is going to be a lesson learned by those who oppose the initiative process. Do a bit of judge shopping to get the right ruling and then count on the government - that is never thrilled by uppity citizens trying to limit its power - to not defend citizen initiatives.
Oh, but these legislators will be voted out, right? Unlikely. The legislators will blame the governor, the governor will blame the judge, and the judge is untouchable. The People are no longer citizens, they are subjects. Government is too big to control and it is now on a permanent spiral to more and more power. This is just the latest sign that the People have far less say than they think.