The ruling was a bare majority ruling, with a strenuously voiced minority opinion stating that it would lead to more false confessions and bad convictions.
The other option is a constitutional amendment, which is a very heavy lift since it requires Congress to propose a change and at least 38 states to approve it. This is the Legislature’s second attempt at sending the question to voters.
Historically, however, not all countries have always recognized the right to counsel.
The right is often included in national constitutions.
The California Supreme Court ordered the measure pulled off the ballot until the legal dispute was resolved.
In January 2016, the court ruled that advisory questions were allowed. Jerry Brown hasn’t embraced the Legislature’s efforts, but hasn’t blocked them either.
In Proposition 59, the California Legislature is asking voters whether Congress should amend the United States Constitution to overturn the court’s ruling. In 2014, lawmakers passed a bill that placed the question on the ballot.
But the Howard Jarvis Taxpayers Association filed a lawsuit, challenging the Legislature’s authority to do so.
To brush up on all measures and races, visit our Voter's Edge election guide.
Read more in this series and let us know your thoughts on Twitter using the hashtag #CACounts.
If you want to undo or at least address the effects of Citizens United, there are two ways to do it.
Congress could pass a new campaign finance law and the president could sign it.
A criminal defendant unable to retain counsel has the right to appointed counsel at the government's expense.