"The California Constitution says all political power "is inherent in the people," laying the foundation for the voters' near-absolute right to make or unmake laws at the ballot box. But that right might not apply to opponents of an $850 million city loan for a proposed Santa Clara stadium for the 49ers.

A group called Santa Clara Plays Fair has submitted 5,500 signatures on each of two referendum petitions challenging the City Council's development and financing plans for the stadium, apparently more than enough to qualify for the ballot. Last week, however, the council voted 5-2 to discard the petitions on the grounds that its actions were immune from referendum.

The legal rationale, outlined in a series of previous court cases unrelated to the stadium, is that only "legislative" acts, those that make new policies for a state or local government, can be enacted by voter initiatives or undone by referendums. "Administrative" acts, which tell government officials how to implement their policy, cannot be overturned by referendum or approved by voter initiative."