What SJR 38 Does
Senate Joint Resolution No. 38 is proposed by Senator Kruse. This resolution proposes to amend the
Oregon State Constitution, Article IV, entitled "Legislative Branch", Section 25 which defines how to pass resolutions. I have previously written about this section
here. The proposed amendment would require that 2/3 majorities in both houses are required to pass a law declaring an emergency (see Article IV, section 28).
My View
I do not think this is necessary. I do not think that there is valid reason to distrust that Legislators will declare emergency when it is truly not necessary and thus circumvent the initiative power of the people. I would think that even emergency laws can be revoked using the initiative power of the people, although the law would likely have been in force for some time. That would probably strongly reinforce the validity of the initiative to revoke the law.
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