Seth Barrett Tillman sends this interesting follow up on the meaning of "Legislature" (his prior comment is here):
From Mary Patterson Clarke, Parliamentary Privilege in the American Colonies (Da Capo Press 1971):
"The theory [of representation in the Maryland legislature in the 17th century] seems to have been that every freeman was entitled to attend the assembly in person if he desired to do so. In practice the majority of them chose not to be present, but instead to entrust their votes to [others who acted by proxy at the legislature] . . . . Apparently there was no rule as to the number of freemen that one [attending member] could represent." (emphasis added).
It strikes me that if a modern state legislature could organise itself along these historical lines and that if such a system is consistent with the federal constitution, then designating a referendum as part of the state legislature is not quite an intellectual stretch and is arguably also consistent with the federal constitution.
Admittedly, Maryland practice was exceptional. Clarke calls it "peculiar". And I have no idea if this practice continued into the 1760s and beyond.
And, as to why "Legislature" might mean something different in Article V that it does in Article I:
Article V only calls on each participating state to make a binary decision: ratify or not. In that situation, only the legislature chamber acts and the expression of its action is not a statute, just a certificate as evidence of compliance with Article V. Where a federal constitutional provision leaves room for state discretion to enact a statutory regime — i.e., set House district boundaries — a statute is called for. In those circumstances, "legislature" as used in the federal constitution means the legislative power to make statutes, and it would include governors where the state constitution provided for a veto, etc.
RELATED: Derek Muller (Excess of Democracy) has a couple of posts on the Arizona State Legislature case, with additional links —
What does the Constitution mean by "Legislature"?
Paul Clement enters pending Arizona redistricting litigation
Posted at 9:34 PM