Act, Section 3-N
No court shall have the power to enjoin any initiative election except on grounds of fraud. After an initiative has been enacted into statute law, courts, when requested, may determine the constitutionality of the law. Courts have no power to adjudicate initiatives that amend the United States Constitution.
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Constitutional Safeguard
The first sentence, which mirrors Amendment, Section 6, enjoys extra protection from being altered as it is more difficult to alter a Constitutional amendment than a statute.
Parrish Report
Because of the Separation of Powers Doctrine in the United States Constitution, courts have no power to interfere with representative legislatures by making determinations regarding the constitutionality of proposed legislation. However, courts presently can and do interfere with the exercise of citizens' legislative powers in states that have initiative laws, often denying citizens the right to vote on issues. The Democracy Act makes it explicit that the courts must treat the Legislature of the People no differently than they do any existing representative legislative body. It also makes explicit the fact that courts cannot adjudicate amendments to the United States Constitution enacted by the citizens; again, as is presently the case for amendments made by Congress, state legislatures and conventions under Article V of the Constitution.
Feedback from the 2002 Democracy Symposium
Listen to a rebuttal (11m 11s)
Some commentators have suggested that the National Initiative makes it easier to amend constitutions. This is actually a false impression. See section 3-L for more discussion.
Also see Tushnet (2002).
The case of Switzerland is also instructive:
Fossedal, 2002, p. 74