Eu

This is an original petition for writ of mandate to order respondent Eu, the Secretary of State of the State of California, to refrain *691 from taking any action, including the expenditure of public funds, to place the proposed Balanced Federal Budget Statutory Initiative on the November 1984 ballot. 1 The principal effect of the proposed initiative would be to compel the California Legislature, on penalty of loss of salary, to apply to Congress to convene a constitutional convention for the limited and singular purpose of proposing an amendment to the United States Constitution requiring a balanced federal budget. If the Legislature fails to act, the Secretary of State is directed to apply directly to Congress on behalf of the people of the State of California.

The Fifth Article to the United States Constitution sets out two alternative methods of proposing constitutional amendments. 2 It provides in relevant part, that “[t]he Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amendments,…

I respectfully dissent. The majority, acting both precipitously and prematurely, has once again deprived the sovereign people of their precious initiative right. (See Legislature v. Deukmejian (1983) 34 Cal.3d 658 [ 194 Cal.Rptr. 781 , 669 P.2d 17 ] [blocking vote on reapportionment initiative].) In my view, the majority errs in at least three separate respects, by (1) selecting this case for preelection review, contrary to the well-settled rule favoring the initial exercise of the people’s franchise, (2) misinterpreting the federal constitutional provision (U. S. Const., art. V) pertaining to the calling of a constitutional convention “on application of” the state Legislatures, and (3) strictly and narrowly construing the scope of the people’s reserved initiative power under California law, contrary to the rule in dozens of prior cases.

I. Preelection Review

The dissent of Justice Richardson in the foregoing reapportionment initiative case set forth the pertinent authorities which hold that, in the absence of a showing of “clear invalidity,” we should not interfere with a scheduled election on an initiative measure but, instead, we should defer our review until after the people…

Nielsen, Hodgson, Parrinello & Mueller, John E. Mueller and Marguerite Mary Leoni for Real Party in Interest.

Ronald A. Zumbrun, John H. Findley, Jonathan M. Coupal, Robert A. Destro, Clint Bolick, Maxwell A. Miller, K. Preston Oade, Jr., and E. Robert Wallach as Amici Curiae on behalf of Real Party in Interest.

OPINION

BROUSSARD, J.

This is an original petition for writ of mandate to order respondent Eu, the Secretary of State of the State of California, to refrain from taking any action, including the expenditure of public funds, to place the proposed Balanced Federal Budget Statutory Initiative on the November 1984 ballot. [1] The principal effect of the proposed initiative would be to compel the California Legislature, on penalty of loss of salary, to apply to Congress to convene a constitutional convention for the limited and singular purpose of proposing an amendment to the United States Constitution requiring a balanced federal budget. If the Legislature fails to act, the Secretary of State is directed to apply directly to Congress on behalf of the people of the State of California.

The Fifth Article to the United States Constitution sets out two alternative methods of…