The court should take note of the plain language of the Constitution and the settled law concerning negative phraseology it is obliged to respect under the legal principle of stare decisis. The court should take note of the history of this provision as debated at the 1889 constitutional convention, and of the full context of the Constitution in which various majority thresholds are specified no less than 74 times. (Actually, far fewer than this, but I'm following the Seattle Times' lead in relying on my readers to be too lazy to look up the actual figure for themselves.) The court should take note that when the authors intended supermajorities they specified supermajorities, and that when they wanted to establish a mere floor they specified it as such.
The court should take note of all these things in coming to its decision. But it most definitely should NOT take note of either the policy implications of I-1053 or its popular support!
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