The people can serve as legislators. In a 5-4 decision, the United States Supreme Court declared that an initiative by the voters to create a commission in Arizona to draw congressional districts was constitutional. California established a similar commission in 2008 when voters passed Proposition 11 and added congressional redistricting to the commission’s duties with Prop 20 in 2010.
The case affirms that voters have legislative authority through the initiative process, a powerful boost for initiative lawmaking. Justice Anthony Kennedy, the only Californian on the court, who himself was involved in a California initiative when he practiced law in California, joined the majority.
The case arose when Arizona legislators challenged the right of voters to set the parameters for congressional elections. The U.S. Constitution specifically cites that legislatures are to set the rules of election.