"x x x.
Realizing perhaps that the desired amendment will not come from Congress or even from a Constitutional Convention, the antidynasty proponents now are asking for amendment directly passed by the people through initiative and referendum. What are the chances of success?
First of all, a definition of what a political dynasty means has to be formulated. Who will do it? The Constitution does not say who will do that for the purpose of the initiative. The conclusion is that anybody can do it. Can the campaigners against political dynasty succeed in agreeing on one formula to be presented to the people? Not very likely.
Let us suppose, however, that the usually independent great minds can agree on a formula, what else is needed.?First, lest we forget, Congress must first pass a law authorizing constitutional amendment by initiative and referendum. In 1997 the Supreme Court ruled that the current Initiative and Referendum Law does not authorize constitutional amendments yet. A contrary Court majority opinion in 2006 was an obiter dictum, that is, not a binding rule.
Second, if and when constitutional amendment by initiative and referendum is finally passed, the approved common formula must be submitted to the people in a referendum. What percentage of the votes cast is needed to bring the matter to a referendum? “Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein.”
Finally, if there is a successful call for a referendum, what percentage of the voting population is needed to ratify the proposal? The Constitution says “a majority of the votes cast in a plebiscite.”
No amendment attempt has succeeded yet in this system. Hence, to the antidynasty campaigners I say, “naught have I for your comfort, yea, naught for your desire, save that the sky grows darker yet and the sea rises higher.” That is, unless voter education succeeds first.
x x x."
