Depending on what is being proposed, the Supreme Court would have to make a decision and determine whether it applies or not. I think it's very hard to predict at this point what they would finally decide. I find this Supreme Court particularly difficult to decipher anyway. But I think the Jennings test does compel the government to make its case to the people, because we would be moving away from precedence and we'd be moving away from an established practice in this country that has lasted far longer than this country.
I'm not really sure I've answered your question very well.