It’s a fair question. Indeed, it’s a question raised this week by none other than the Chief Justice of the United States, John Roberts.
Roberts was writing in dissent to the court’s 5-4 decision that the redistricting commission in Arizona (and presumably a similar commission in California) was constitutional. The case turned on what the U.S. constitution means when it says that state legislatures should draw Congressional districts.
The redistricting commissions aren’t legislatures, but the Supreme Court majority found that the voters who established those commissions by ballot initiative were also part of the state legislature. In other words, voters on initiatives are part of the State Legislature.
Roberts, in his dissent, said the idea that voters are the State Legislature had unintended consequences, given other parts of the U.S. constitution.
For example, Article VI provides that “Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.”
Note the mention of State Legislature. Now that the court has held that voters on ballot measures are part of the State Legislature, shouldn’t it follow – as Roberts suggests cheekily – that all voters should swear an oath to protect the constitution, like any officeholder?
Why not? Voters who vote directly on laws and constitutional amendments are acting as legislators. And we need to be sure of their loyalty. And this would be workable in California, given the low number of voters showing up to the polls, elections workers would have plenty of time to swear in those few voters who do show up.
I have my Bible in hand, and an inaugural speech ready. Just tell me where and when my swearing-in will be.