Note 33 — Chapter XVI · THE SECOND-CHAMBER PROBLEM[21]

The phrase “recall of judicial decisions” is unfortunate, since it implies that the judicial function is taken over by the electorate and the judicial decision reversed, when all that is done is to amend the constitution so that the basis for the judicial decision is taken away in all subsequent litigation. The better phrase, it is believed, is the one used in the text, namely, “steam-rollering the judicial veto.” See Albert M. Kales, “The Recall of Judicial Decisions,” Illinois State Bar Association Proceedings, 1912, pp. 203-18; Herbert Pope, “The Recall of Judicial Decisions—A Criticism,” 7 Illinois Law Review, p. 149.