How does one Challenge a California Initiative Amendment as being Unconstitutional?

[Freemanontheland]

Hello everyone,
I'm trying to find out exactly what needs to be done in order to challenge an amendment that was passed by the voters but is completely unconstitutional.
What is the step by step procedure for this. I'm considering filing it myself, without a lawyer. Any help would be appreciated.

 

[Zigner]

Hello everyone,
I'm trying to find out exactly what needs to be done in order to challenge an amendment that was passed by the voters but is completely unconstitutional.
What is the step by step procedure for this. I'm considering filing it myself, without a lawyer. Any help would be appreciated.

There is no way that this, or any, internet forum can walk you through this "step by step". There is no way that you will be able to do this on your own. If you're serious, speak to an attorney.

 

[Freemanontheland]

There is no way that this, or any, internet forum can walk you through this "step by step". There is no way that you will be able to do this on your own. If you're serious, speak to an attorney.

Thanks, I think I can handle this. Any advice on how to proceed.

 

[PayrollHRGuy]

You hire a lawyer and sue. That is assuming you have standing to do so.

 

[Freemanontheland]

You hire a lawyer and sue. That is assuming you have standing to do so.

I guess everybody on this site is a lawyer hunting for clients. I'm going to file this myself, like I said, AND I CAME HERE FOR LEGAL ADVICE.
Hire a lawyer is NOT legal advice. Thanks.

 

[PayrollHRGuy]

Hire a lawyer is NOT legal advice. Thanks.

Actually it is the best legal advice you could get if you want even the slightest chance at success.

But what law do you feel is unconstitutional? Califonia has several that should fall in that category but there has been little success in fighting.

 

[Zigner]

...I think I can handle this.

What is the step by step procedure for this.

No, you don't think that YOU can handle it...you think that you can get others to tell you exactly how to do it.

 

[Freemanontheland]

Its not important which one it is, but what is the procedure for challenging it.
Its plain, easy and simple to understand and lay out. Nothing complicated at all.
The only problem I have found is that it has not been challenged at all yet.
This will be a first challenge and its an old Amendment, with no supporting precedent.
Supreme Court rulings just prior to enactment that prove its unconstitutional.
Not much is needed for this lawsuit. I have all the facts and details put together already.
Just wondering what steps to take first.

 

[Zigner]

Its not important which one it is, but what is the procedure for challenging it.
Its plain, easy and simple to understand and lay out. Nothing complicated at all.
The only problem I have found is that it has not been challenged at all yet.
This will be a first challenge and its an old Amendment, with no supporting precedent.
Supreme Court rulings just prior to enactment that prove its unconstitutional.
Not much is needed for this lawsuit. I have all the facts and details put together already.
Just wondering what steps to take first.

Step 1: Read the "IMPORTANT NOTICE" at the bottom of this (and every) page on this site.
Step 2: Contact an attorney.

Alternate path:
Step 1: Read the "IMPORTANT NOTICE" at the bottom of this (and every) page on this site.
Step 2: Enroll in various legal classes until you have enough knowledge.

 

[Zigner]

... ....

 

[Freemanontheland]

Step 1: Read the "IMPORTANT NOTICE" at the bottom of this (and every) page on this site.
Step 2: Contact an attorney.

Alternate path:
Step 1: Read the "IMPORTANT NOTICE" at the bottom of this (and every) page on this site.
Step 2: Enroll in various legal classes until you have enough knowledge.

Thanks Zigler, you can stop trying to help now, since you aren't helping. I need some help from someone who knows what they are doing.

 

[Zigner]

Thanks Zigler, you can stop trying to help now, since you aren't helping. I need some help from someone who knows what they are doing.

Again, you need to speak to an attorney. This matter is too complex for an internet forum.

 

[Freemanontheland]

Again, you need to speak to an attorney. This matter is too complex for an internet forum.

I have everything already put together. All I need to know if where to file the case, what type of case to file, and the basics. I'm not asking for details or someone to do the work for me. I just need direction. Whne a Amendment in California is challenged, what is the direction of steps to be taken?

 

[Zigner]

I have everything already put together. All I need to know if where to file the case, what type of case to file, and the basics. I'm not asking for details or someone to do the work for me. I just need direction. Whne a Amendment in California is challenged, what is the direction of steps to be taken?

The fact that you can't seem to understand what you are being told is concerning...

 

[Taxing Matters]

Hello everyone,
I'm trying to find out exactly what needs to be done in order to challenge an amendment that was passed by the voters but is completely unconstitutional.
What is the step by step procedure for this. I'm considering filing it myself, without a lawyer. Any help would be appreciated.

Does the law violate the federal or state constitution? And what in particular is the claimed violation and how are you personally affected by the alleged unconstitutional law? How you'd challenge it depends on the answers to those questions. So while you evidently do not want to give any details here, understand that without those kinds of details no one can tell you what steps you'd need to follow. If you believe that the exact process is the same regardless of what law this is, what part of the federal or state constitution you think is violated or how you are affected by the law then let me tell you those things do indeed matter.