I have written an oped, Nov. 2 Debacle in the Making, for today’s Los Angeles Times. Here is some additional analysis on the Article II issue that did not make it into the newspaper:
No doubt, opponents of Amendment 36 will argue that the initiative, a piece of legislation to be passed by the voters of Colorado and not the Colorado Legislature, likewise violates Article II. There is a 1916 Supreme Court case out of Ohio (though somewhat challenged in a 1920 case) interpreting the word