One of these grotesque laws enacted by referendum was Proposition 100, an amendment to the state constitution denying bail to those presumed to be in the country illegally, who have committed a "serious felony offense," defined by the Legislature as a Class 4 felony or above.

In 2006, Prop 100 received a 3-to-1 endorsement by the electorate. Never mind that bail for all but the most serious crimes is a cherished privilege protected by parts of the Arizona and U.S. constitutions.