It occurred to me that the passage of Proposition 8 in California would set a pretty radical precedent.
Essentially, what proposition 8 does is recast an old law that was ruled unconstitutional by the CA courts as a constitutional amendment -- and, in theory, make it impossible for the courts to rule it unconstitutional.
If this proposition goes through then why would ANY future propositions ever be worded as anything other than a constitutional amendment? There's no downside to doing so since the only requirement is still a majority of votes cast -- and this way the people who got the proposition on the ballot knows that they can simply bypass the judicial branch.
Only a fool would ever word a proposition as a law -- they'd all be constitutional amendments.
In effect, this method would simply eliminate the judicial branch with regard to propositions. And, if I were bringing a challenge before the court, I'd make absolutely sure to point out that okaying prop 8 would be tantamount to writing their branch of government out of existence.