Malinou v. Powers

The Rhode Island legislature passed legislation authorizing the governor to call a special election for votes on holding a constitutional convention to consider amendments to the state constitution in four specific areas. That convention was approved by voters, and 91 proposals were considered during the convention, many of which were clearly outside the bounds of the four areas of focus indicated by the legislature and then the voters. Seven amendments were ultimately proposed for submission to the voters, two of which were clearly outside the scope of the legislature’s call. Martin Malinou (plaintiff), a delegate at the convention, filed suit against William Powers, the convention chair, as well as other officials (defendants), arguing that the Rhode Island legislature had acted impermissibly in limiting the scope of amendment at all and that the limitation had chilled his rights and the deliberations of the convention. There was no indication that any proposal made during the convention had ever been ruled out of order or that the convention had been conducted as if the legislature’s limitations were relevant. Further, the two measures recommended outside the scope of the legislature’s call were actually subsequently adopted by voters. The trial court ruled in favor of Powers, finding that no impingement on Malinou’s rights had occurred. Malinou appealed.