norml17 - Page 13
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thin the state constitution comains checks and balances on the legislative,
judicial and executive branches that do not exist in the federal constitution.
For example, the secretary of state, treasurer, auditor, a_orney general,
superintendent of public instruction and commissioner of public lands are all
elected, not appointed. 43 All are subject to recall by tl_e voters. 44 Judges are
elected, not appointed. 45 Later amendments require voters' approval for
certain tax expenditures, 46 and sdll other amendments gave the voters the
power of initiative and referendurnY
It seems even more clear that Washington's government comprises
four, not three branches, when you add Washingtoffs unique "fundamental
principles" statement: "A frequent recurrence to fimdamental principles is
essential to the seecurity of individual fight and the perpetuity of free
government."48 In _ight of the inclusion of tiffs phrase along with the absence
of any reference to "natural law" and the lack of a separation-of powers
clause, at least one scholar has argued persuasively that the phrase amounts to
retaining the notion that naturai law should be considered when protecting
individual fights, but not when invoking natural law to prevent corporations
from adhering to social or safety legislation. "Section 32 designates extra-
constitutional fundamental principles as essential to the security of individual
One could state several fundamental principles that should prevent a
person from being in the situation I and thousands of others find ourselves in
regarding the need for medical marijuana. For example, medicine
desperately needed should not be isolated at the courthouse and incinerated
when desperately ill people need it, arid no harm to society would accrue if it
were used instead of destroyed. For another example, it is a ffmdamentaI
principle that a person should not be put in a position where his home may be
invaded, his property seized, and his person carted off to jail, when it is
foreseeable that no prosecation will foilow, or if it does, that no conviction
43 WAsh. ConsL axt II.[, § 1.
44 _ _ I_ § 33, 34. (Added by Amendment 8 m 1912.)
45 Id, arL IV.
46 _lL arc VII, § 3, amended 1965, 1971).
47/tL art II, § 1.
48 Id, arc I, § 32. This was uaiqtie when adopted in 1889. Since _en_ two o_er states, Arizona _nd
Utah, have adopted provisions _dmost idenficM.
49 Sr_e, _ note 30, page 687,
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