Utah’s Right to Citizen Legislation: The Curious Case of Statutorily Defined Constitutional Rights

Although the furor over Count My Vote seems to have subsided (at least for now), the battle over Utah’s nominating systems has raised some fascinating issues, one of which has especially piqued my interest. Utah’s Constitution expressly guarantees the right of citizens to legislate via initiative and referendum, but “in the numbers, under the conditions, in the manner, and within the time provided by statute.”  Here’s the full text of the provision, found in Article VI of the Utah Constitution (emphasis added): (2) (a) (i) The legal voters of the State…