The US constituion contains a political doctrine under which the executive, legislative and judicial branches of government are kept distinct, to prevent abuse of power. This US form of separation of powers is widely known as "checks and balances."

The seperation of powers prevents facist or dictatorship form of government in any of the three banches: executive, legislative and judicial.

The California Constitution, only give the voters authority to amend or repeal the marriage statute limiting marriage to one man and one woman (Prop 22). As Judge Baxter wrote in his dissent:

Under article II, section 10, subdivision (c), that body cannot unilaterally repeal an initiative statute, such as Family Code section 308.5, unless the initiative measure itself so provides. Section 308.5 contains no such provision.

California Supreme Court cannot change the Constitution to provide the Legislature the authority that neither it or the legislature has. The balance of power respects the voters and does not have contempt for democracy.

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