Gerken

An attachment to the principle of popular sovereignty has been one of the hallmarks of this court’s jurisprudence. Yet *725 it is that very principle that the majority breach in declaring that the clear desire of the voters to impose real controls on the stream of money corroding our political life—a desire expressed not once, but twice in the same elec tion—has produced what? Little more than a ban on officeholders’ use of their mailing privileges. I dissent from a result that reduces to such an anemic state the exercise of the powers of initiative and referendum reserved to the people by article IV, section 1 of our Constitution.

The majority’s conclusion that insignificant features of Proposition 73 can be severed from the central purpose of the initiative is flawed. Appraised in light of its dominant purpose, it is plain that those who supported the measure would not have settled for a ban on mailing privileges, a truly trifling “reform,” had they foreseen the total frustration of their overriding aim in passing the initiative—imposing limits on campaign contributions, a goal now permanently enjoined by a judgment of the federal courts.

Moreover, Proposition 73’s ban on…

Propositions 73 (Gov. Code, tit. 9, ch. 5, art. 1 et seq.) 1 and 68 (ibid.), both designed to implement campaign contribution reform, were each approved by the voters at the June 1988 Primary Election. The former garnered more affirmative votes than the latter. In Taxpayers to Limit Campaign Spending v. Fair Pol. Practices Com. (1990) 51 Cal.3d 744 [ 274 Cal.Rptr. 787 , 799 P.2d 1220 ] (hereafter Taxpayers), we held that under California Constitution, article II, section 10, subdivision (b), “when two or more measures are competing initiatives, . . . only the provisions of the measure receiving the highest number of affirmative votes [can] be enforced.” (51 Cal.3d at p.- 747.) Accordingly, we declined to “merge” the two measures, and instead held that Proposition 73 was effective and that Proposition 68 was inoperative. (Id., at pp. 770-771.) At the conclusion of our opinion, we observed in a footnote:

“The United States District Court has recently restrained enforcement of the Proposition 73 restrictions on campaign contributions and transfers thereof. (Service Employees v. Fair Political Practices (E.D.Cal. 1990) 747 F.Supp. 580 [Service Employees I].) That decision is…

“Although the legislative power under our state Constitution is vested in the Legislature, ‘the people reserve to themselves the powers of initiative and referendum.’ (Cal. Const., art. IV, § 1.) Accordingly, the initiative power must be liberally construed to promote the democratic process. (Raven v. Deukmejian [(1990) 52 Cal.3d 336 ,] 341 [ 276 *721 Cal.Rptr. 326 , 801 P.2d 1077 ].) Indeed, it is our solemn duty to jealously guard the precious initiative power, and to resolve any reasonable doubts in favor of its exercise. (Ibid., and cases cited.) As with statutes adopted by the Legislature, all presumptions favor the validity of initiative measures and mere doubts as to validity are insufficient; such measures must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears. [Citation.]” (Legislature v. Eu (1991) 54 Cal.3d 492, 500-501 [ 286 Cal.Rptr. 283 , 816 P.2d 1309 ], italics in original.)

While it might be possible for us to remedy the perceived constitutional defect of Proposition 73’s campaign contribution limit provisions by exercising our judicial power to reform the statutory language, 1 we have not been asked to do so by the parties,…

Propositions 73 (Gov. Code, tit. 9, ch. 5, art. 1 et seq.) [1] and 68 ( ibid. ), both designed to implement campaign contribution reform, were each approved by the voters at the June 1988 Primary Election. The former garnered more affirmative votes than the latter. In Taxpayers to Limit Campaign Spending v. Fair Pol. Practices Com. (1990) 51 Cal.3d 744 [ 274 Cal. Rptr. 787 , 799 P.2d 1220 ] (hereafter Taxpayers ), we held that under California Constitution, article II, section 10, subdivision (b), "when two or more measures are competing initiatives, ... only the provisions of the measure receiving the highest number of affirmative votes [can] be enforced." ( 51 Cal.3d at p. 747 .) Accordingly, we declined to "merge" the two measures, and instead held that Proposition 73 was effective and that Proposition 68 was inoperative. ( Id., at pp. 770-771.) At the conclusion of our opinion, we observed in a footnote:

"The United States District Court has recently restrained enforcement of the Proposition 73 restrictions on campaign contributions and transfers thereof. ( Service Employees v. Fair Political Practices (E.D.Cal. 1990) 747 F. Supp. 580 [ Service Employees…