Livermore v. Waite
Livermore V. Waite is an 1894 California Supreme Court ruling that limits the power of the legislature in making amendments to the California Constitution by ruling that the power to change to the constitution cannot be delegated to any individual, as the sovereign power rests with the people The decision was met with the full concurrence of the court, with the majority opinion authored by Justice Harrison and the concurring opinion authored by Justice Paterson. Background In the session of congress prior to this case, congress approved by a two-thirds majority in each house, an amendment to the constitution changing section 1 of article XX of the constitution to change the capital of California from Sacramento to San Jose pending a two-thirds approval by the electorate, a donation of ten acres in San Jose to the state, and one million dollars for the move. It also authorized the Governor, Secretary of State, and Attorney General to approve the site and upon approval and transferring the one million dollars into the state treasury, the legislature would provide for the erection of the building, and the removal of the capital at Sacramento. As a taxpayer and citizen, Horatio Livermore brought action against