History of direct democracy in the United States
Encyclopedia
The history of direct democracy
amongst non-Native Americans in the United States dates from the 1630s in the New England
Colonies
. Some New England town meeting
s still carry on that tradition.
, small-farmer enslaving crop-lien system
with co-operative economics
. When they were bested by corrupt
and abusive practices of the national financial
sector, they attempted to improve their circumstances by forming the People's Party
and engaging in populist
politics
. Again they were bested, this time by the country's mainstream two-party system
. However, the Progressive Era
had just begun. Before it ended, it would become one of the greatest democracy
movements in recorded history
.
Fired by the efforts of millions of farmers, exposes written by investigative journalists (the famous muckraker
s), and correlations between special interests' abuses of farmers and special interests' abuses of urban workers, Progressives
formed nationally connected citizen
organizations to extend this democracy movement. From 1898 to 1918, the Progressives, supported by tens of millions of citizens, forced direct democracy petition
components into the constitution
s of twenty-six states.
The constitutional placement of direct democracy petition components was seen by those citizen majorities as necessary. Given the obvious corruption in state governments, the lack of sovereign public control over the output of state legislature
s was seen as "the fundamental defect" in the nation's legislative machinery. Advocates insisted that the only way to make the founding fathers' vision work was to take the "misrepresentation" out of representative government with the sovereign people's direct legislation (Special Committee of the National Economic League, 1912). Nebraska
adopted the referendum for municipal governments within its boundaries in 1897. South Dakota
was the first state to adopt the referendum, in 1898, patterning its system after that of Switzerland
. However, it was not all successful. Most notably, residents of Texas
rejected the referendum because the version put on the ballot by the legislature required 20% of the vote. Other states where the constitutional amendments to place direct democracy failed include Mississippi
, Missouri
, Wisconsin
, and Wyoming
. By 1918 enthusiasm waned and the next state to adopt the referendum was Florida
50 years later.
Initiative and referendum (I&R) citizen lawmaking spread across the United States because state legislatures were unresponsive in creating laws that the people needed to protect themselves from lobby groups, laissez-faire
economics, and the era's robber baron
s. Additionally, while legislatures were quick to pass laws benefitting special interests, both legislatures and the court
s were inflexible in their refusals to amend, repeal or adjudicate those laws in ways that would eliminate special interest advantages and end abuses of the majority.
(a ballot initiative
) was enacted by the voters of the State of California
. Its passage resulted in a cap on property tax
rates in the state, reducing them by an average of 57%. Proposition 13 received an enormous amount of publicity, not only in California, but throughout the United States
. Its passage presaged a "taxpayer revolt
" throughout the country.
Proposition 13 was officially titled the "People's Initiative to Limit Property Taxation." It passed with 65% of voters in favor and 35% against, with 70% of registered voters participating. It was placed on the ballot through the California initiative
(or referendum
) process under which a proposed law or constitutional amendment
, termed a "proposition," is placed on the ballot once its backers gather a sufficient number of signatures on a petition. When passed, Proposition 13 became article 13A of the California state constitution.
passed a similar law, within the initiative petition process in the state, called Proposition 2½
, in 1980, which added a reduction to the auto excise tax
rate within Massachusetts, to the idea of the California Proposition 13's type of property tax provision, limiting both levels of taxation to $25.00 per $1,000 of valuation, of the property or vehicle on which such a tax is levied in Massachusetts.
. The Nevada legislature was under pressure from pro-life
organizations to change the state's abortion law. The state's pro-choice
organizations wanted the standing law, which conformed to Roe v. Wade
, to be left as it was. The pro-choice organizations made use of a seldom-used feature in Nevada's I&R law. They petitioned for and passed a referendum on an existing state law. It was only the fifth time, since Nevada had gained citizen lawmaking in 1912, that the referendum on an existing state law had been used (Erickson, Questions On The Ballot). Because of the constitutional provisions defining this particular referendum, approval of the state law meant that the legislature is barred from ever amending the law. Only the people can amend such a law in what is called the "see us first" referendum provision.
This initiative process functioned as the safety valve it was designed to be. With an approving majority of over sixty percent, Nevada voters gave a degree of legitimacy to the standing law that no small number of legislators could ever invoke in such a visceral controversy. With the legislature legally taken out of the picture, and the referendum's large legitimacy recognized by both sides, the controversy quickly quieted. The legislature is free to refer proposed statutes or constitutional amendments relating to abortion to the people, but the people are now the decision-makers in this issue.
, after gaining the constitutional amendment initiative in 1912, used it to reduce their bicameral legislature of 133 members to a unicameral legislature of 43 members in 1934. Effective with the Nebraska legislature's first nonpartisan, unicameral session in 1937, it reduced cost, waste, secrecy and time (no conference committee required), while at the same time making the legislature more efficient and more cooperative with the press and civil society. The success of combining direct democracy governance components with a unicameral legislature has stood the test of time (Nebraska Legislature Online, 2004, The History of Nebraska's Unicameral Legislature).
From a non-legalistic perspective, the Industrial Workers of the World
pioneered the archetypal workplace democracy model, the Wobbly Shop, in which the self-managing norms of grassroots democracy were applied.
In many states, signature gathering has become a niche industry in the role of politics. Proponents of initiatives, referendums, or recalls now pay individuals to collect signatures. This is required because of the sheer number of signatures required in order to qualify a measure on the ballot and the changes in American culture with public life shifting away from public places like park
s and streetcars and into private spaces such as shopping mall
s and automobile
s, which make it difficult to gather signatures. The signature gatherers are usually paid by the signature and often independent contractors, which makes them not subject to minimum wage laws. To combat the growing presence of signature gatherers, some states have passed bans on paying signature gatherers by the signature, and Oregon
most notably declared signature gatherers employees and enforced labor laws on the petition proponents.
Direct democracy can sometimes be used to subvert the normal checks and balances of a government. For instance, a governor of a state may threaten to use an initiative to "go over the heads" of an uncooperative legislature. Similarly, a state legislator can collect signatures and place on the ballot a measure that overrules a governor's veto. Because it usually takes a two-thirds majority to overrule a governor's veto, but only a simple majority to pass an initiative, this tactic can sometimes be successful.
More recently, corporations have used the initiative and referendum to force citizen votes on decisions they do not agree with. General Growth Properties
collected signatures for a referendum in Glendale, California
to stop development of a competing mall next door, developed by competitor Caruso Affiliated
, in addition to standard political techniques such as lobbying
and filing lawsuits challenging the project's environmental impact report. Ultimately, GGP was unsuccessful at making their case to the voters, and the competing mall was built. Wal-Mart
has also used initiatives to bypass planning commissions and city council
s to build Wal-Mart Supercenters. Recently, in Inglewood, California
, they qualified a ballot measure that described in detail the plans for a Supercenter to be built in the community. Critics decried "ballot box planning" and the inflexibility of the initiative process, which forbid local government from making any changes to the plans once they were approved by the voters. Ultimately, the initiative was defeated.
Citizen-written initiatives, like legislative laws, are occasionally subject to unintended consequence
s. For example, California's "Three Strikes
" proposition intended for violent felons, has sent a number of persons to prison for life for included offenses as small as stealing pizza. However, proponents of Three Strikes argued that such consequences were akin to a "lifetime achievement award", since a potential third striker would have to have committed two violent and serious felonies beforehand. There have been attempts to change the law, most recently Proposition 66, which failed to pass after several loopholes were exploited by opponents of Three Strikes restructuring.
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
amongst non-Native Americans in the United States dates from the 1630s in the New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
Colonies
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
. Some New England town meeting
Town meeting
A town meeting is a form of direct democratic rule, used primarily in portions of the United States since the 17th century, in which most or all the members of a community come together to legislate policy and budgets for local government....
s still carry on that tradition.
Progressive Era
Beginning in 1878, millions of American farmers began banding together to break the post-Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, small-farmer enslaving crop-lien system
Crop-lien system
The crop-lien system is a credit system that became widely used by farmers in the United States in the South from the 1860s to the 1920sAfter the American Civil War, farmers in the South had little cash. The crop-lien system was a way for farmers to get credit before the planting season by...
with co-operative economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
. When they were bested by corrupt
Corporate crime
In criminology, corporate crime refers to crimes committed either by a corporation , or by individuals acting on behalf of a corporation or other business entity...
and abusive practices of the national financial
Finance
"Finance" is often defined simply as the management of money or “funds” management Modern finance, however, is a family of business activity that includes the origination, marketing, and management of cash and money surrogates through a variety of capital accounts, instruments, and markets created...
sector, they attempted to improve their circumstances by forming the People's Party
People's Party
The People's Party, Peoples Party, or Popular Party, is any of several political parties claiming to speak for the people.People's Parties in various countries run the gamut from left to right...
and engaging in populist
Populism
Populism can be defined as an ideology, political philosophy, or type of discourse. Generally, a common theme compares "the people" against "the elite", and urges social and political system changes. It can also be defined as a rhetorical style employed by members of various political or social...
politics
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
. Again they were bested, this time by the country's mainstream two-party system
Two-party system
A two-party system is a system where two major political parties dominate voting in nearly all elections at every level of government and, as a result, all or nearly all elected offices are members of one of the two major parties...
. However, the Progressive Era
Progressive Era
The Progressive Era in the United States was a period of social activism and political reform that flourished from the 1890s to the 1920s. One main goal of the Progressive movement was purification of government, as Progressives tried to eliminate corruption by exposing and undercutting political...
had just begun. Before it ended, it would become one of the greatest democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
movements in recorded history
History
History is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians...
.
Fired by the efforts of millions of farmers, exposes written by investigative journalists (the famous muckraker
Muckraker
The term muckraker is closely associated with reform-oriented journalists who wrote largely for popular magazines, continued a tradition of investigative journalism reporting, and emerged in the United States after 1900 and continued to be influential until World War I, when through a combination...
s), and correlations between special interests' abuses of farmers and special interests' abuses of urban workers, Progressives
Progressivism
Progressivism is an umbrella term for a political ideology advocating or favoring social, political, and economic reform or changes. Progressivism is often viewed by some conservatives, constitutionalists, and libertarians to be in opposition to conservative or reactionary ideologies.The...
formed nationally connected citizen
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
organizations to extend this democracy movement. From 1898 to 1918, the Progressives, supported by tens of millions of citizens, forced direct democracy petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
components into the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s of twenty-six states.
The constitutional placement of direct democracy petition components was seen by those citizen majorities as necessary. Given the obvious corruption in state governments, the lack of sovereign public control over the output of state legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
s was seen as "the fundamental defect" in the nation's legislative machinery. Advocates insisted that the only way to make the founding fathers' vision work was to take the "misrepresentation" out of representative government with the sovereign people's direct legislation (Special Committee of the National Economic League, 1912). Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
adopted the referendum for municipal governments within its boundaries in 1897. South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
was the first state to adopt the referendum, in 1898, patterning its system after that of Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
. However, it was not all successful. Most notably, residents of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
rejected the referendum because the version put on the ballot by the legislature required 20% of the vote. Other states where the constitutional amendments to place direct democracy failed include Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
, and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
. By 1918 enthusiasm waned and the next state to adopt the referendum was Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
50 years later.
Initiative and referendum (I&R) citizen lawmaking spread across the United States because state legislatures were unresponsive in creating laws that the people needed to protect themselves from lobby groups, laissez-faire
Laissez-faire
In economics, laissez-faire describes an environment in which transactions between private parties are free from state intervention, including restrictive regulations, taxes, tariffs and enforced monopolies....
economics, and the era's robber baron
Robber baron (industrialist)
Robber baron is a pejorative term used for a powerful 19th century American businessman. By the 1890s the term was used to attack any businessman who used questionable practices to become wealthy...
s. Additionally, while legislatures were quick to pass laws benefitting special interests, both legislatures and the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s were inflexible in their refusals to amend, repeal or adjudicate those laws in ways that would eliminate special interest advantages and end abuses of the majority.
Initiative examples
There are many examples of Initiatives and referendums in the United States exist, for instance:California
On June 6, 1978 Proposition 13California Proposition 13 (1978)
Proposition 13 was an amendment of the Constitution of California enacted during 1978, by means of the initiative process. It was approved by California voters on June 6, 1978. It was declared constitutional by the United States Supreme Court in the case of Nordlinger v. Hahn,...
(a ballot initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
) was enacted by the voters of the State of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. Its passage resulted in a cap on property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
rates in the state, reducing them by an average of 57%. Proposition 13 received an enormous amount of publicity, not only in California, but throughout the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Its passage presaged a "taxpayer revolt
Tax revolt
A tax revolt is a political struggle to repeal, limit, or roll back a tax.-1930s, The Great Depression:In the United States, the term "tax revolt" is sometimes used to refer to a series of anti-tax state initiative campaigns. The first significant wave of these campaigns was during the 1930s. The...
" throughout the country.
Proposition 13 was officially titled the "People's Initiative to Limit Property Taxation." It passed with 65% of voters in favor and 35% against, with 70% of registered voters participating. It was placed on the ballot through the California initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
(or referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
) process under which a proposed law or constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
, termed a "proposition," is placed on the ballot once its backers gather a sufficient number of signatures on a petition. When passed, Proposition 13 became article 13A of the California state constitution.
Massachusetts
MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
passed a similar law, within the initiative petition process in the state, called Proposition 2½
Proposition 2½
Proposition 2½ is a Massachusetts statute which limits property tax increases by Massachusetts municipalities. It was passed by ballot initiative, specifically called an initiative petition within Massachusetts state law, in 1980 and went into effect in 1982...
, in 1980, which added a reduction to the auto excise tax
Vehicle excise duty
Vehicle Excise Duty is a vehicle road use tax levied as an excise duty which must be paid for most types of vehicle which are to be used on the public roads in the United Kingdom...
rate within Massachusetts, to the idea of the California Proposition 13's type of property tax provision, limiting both levels of taxation to $25.00 per $1,000 of valuation, of the property or vehicle on which such a tax is levied in Massachusetts.
Nevada
In 1990, the civil society of Nevada—an I&R state—resolved to minimize the intense controversy raging around abortionAbortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. The Nevada legislature was under pressure from pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
organizations to change the state's abortion law. The state's pro-choice
Pro-choice
Support for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy....
organizations wanted the standing law, which conformed to Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
, to be left as it was. The pro-choice organizations made use of a seldom-used feature in Nevada's I&R law. They petitioned for and passed a referendum on an existing state law. It was only the fifth time, since Nevada had gained citizen lawmaking in 1912, that the referendum on an existing state law had been used (Erickson, Questions On The Ballot). Because of the constitutional provisions defining this particular referendum, approval of the state law meant that the legislature is barred from ever amending the law. Only the people can amend such a law in what is called the "see us first" referendum provision.
This initiative process functioned as the safety valve it was designed to be. With an approving majority of over sixty percent, Nevada voters gave a degree of legitimacy to the standing law that no small number of legislators could ever invoke in such a visceral controversy. With the legislature legally taken out of the picture, and the referendum's large legitimacy recognized by both sides, the controversy quickly quieted. The legislature is free to refer proposed statutes or constitutional amendments relating to abortion to the people, but the people are now the decision-makers in this issue.
Nebraska
Citizens in NebraskaNebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, after gaining the constitutional amendment initiative in 1912, used it to reduce their bicameral legislature of 133 members to a unicameral legislature of 43 members in 1934. Effective with the Nebraska legislature's first nonpartisan, unicameral session in 1937, it reduced cost, waste, secrecy and time (no conference committee required), while at the same time making the legislature more efficient and more cooperative with the press and civil society. The success of combining direct democracy governance components with a unicameral legislature has stood the test of time (Nebraska Legislature Online, 2004, The History of Nebraska's Unicameral Legislature).
General components
Direct democracy governance components have contributed significantly to state-level policy and law. Schmidt (1989), Zimmermann (December 1999) and others contend that these contributions have been much more successful than most of direct democracy's critics admit.From a non-legalistic perspective, the Industrial Workers of the World
Industrial Workers of the World
The Industrial Workers of the World is an international union. At its peak in 1923, the organization claimed some 100,000 members in good standing, and could marshal the support of perhaps 300,000 workers. Its membership declined dramatically after a 1924 split brought on by internal conflict...
pioneered the archetypal workplace democracy model, the Wobbly Shop, in which the self-managing norms of grassroots democracy were applied.
Criticisms
Over 60% of initiative activity has occurred in Arizona, California, Colorado, North Dakota, Oregon, and Washington. These states generally have lesser signature requirements than other states.In many states, signature gathering has become a niche industry in the role of politics. Proponents of initiatives, referendums, or recalls now pay individuals to collect signatures. This is required because of the sheer number of signatures required in order to qualify a measure on the ballot and the changes in American culture with public life shifting away from public places like park
Park
A park is a protected area, in its natural or semi-natural state, or planted, and set aside for human recreation and enjoyment, or for the protection of wildlife or natural habitats. It may consist of rocks, soil, water, flora and fauna and grass areas. Many parks are legally protected by...
s and streetcars and into private spaces such as shopping mall
Shopping mall
A shopping mall, shopping centre, shopping arcade, shopping precinct or simply mall is one or more buildings forming a complex of shops representing merchandisers, with interconnecting walkways enabling visitors to easily walk from unit to unit, along with a parking area — a modern, indoor version...
s and automobile
Automobile
An automobile, autocar, motor car or car is a wheeled motor vehicle used for transporting passengers, which also carries its own engine or motor...
s, which make it difficult to gather signatures. The signature gatherers are usually paid by the signature and often independent contractors, which makes them not subject to minimum wage laws. To combat the growing presence of signature gatherers, some states have passed bans on paying signature gatherers by the signature, and Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
most notably declared signature gatherers employees and enforced labor laws on the petition proponents.
Direct democracy can sometimes be used to subvert the normal checks and balances of a government. For instance, a governor of a state may threaten to use an initiative to "go over the heads" of an uncooperative legislature. Similarly, a state legislator can collect signatures and place on the ballot a measure that overrules a governor's veto. Because it usually takes a two-thirds majority to overrule a governor's veto, but only a simple majority to pass an initiative, this tactic can sometimes be successful.
More recently, corporations have used the initiative and referendum to force citizen votes on decisions they do not agree with. General Growth Properties
General Growth Properties
General Growth Properties, Inc. is a publicly traded real estate investment trust in the United States. It is based in Chicago, Illinois at 110 North Wacker Drive, a historic building designed by architectural firm Graham, Anderson, Probst & White...
collected signatures for a referendum in Glendale, California
Glendale, California
Glendale is a city in Los Angeles County, California, United States. As of the 2010 Census, the city population is 191,719, down from 194,973 at the 2000 census. making it the third largest city in Los Angeles County and the 22nd largest city in the state of California...
to stop development of a competing mall next door, developed by competitor Caruso Affiliated
Caruso Affiliated
Caruso Affiliated is a real estate development company in Los Angeles, California, U.S.A. Rick J. Caruso is the company's President and Chief Executive Officer.It is known particularly for building higher-end outdoor shopping centers....
, in addition to standard political techniques such as lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
and filing lawsuits challenging the project's environmental impact report. Ultimately, GGP was unsuccessful at making their case to the voters, and the competing mall was built. Wal-Mart
Wal-Mart
Wal-Mart Stores, Inc. , branded as Walmart since 2008 and Wal-Mart before then, is an American public multinational corporation that runs chains of large discount department stores and warehouse stores. The company is the world's 18th largest public corporation, according to the Forbes Global 2000...
has also used initiatives to bypass planning commissions and city council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
s to build Wal-Mart Supercenters. Recently, in Inglewood, California
Inglewood, California
Inglewood is a city in southwestern Los Angeles County, California, southwest of downtown Los Angeles. It was incorporated on February 14, 1908. Its population stood at 109,673 as of the 2010 Census...
, they qualified a ballot measure that described in detail the plans for a Supercenter to be built in the community. Critics decried "ballot box planning" and the inflexibility of the initiative process, which forbid local government from making any changes to the plans once they were approved by the voters. Ultimately, the initiative was defeated.
Citizen-written initiatives, like legislative laws, are occasionally subject to unintended consequence
Unintended consequence
In the social sciences, unintended consequences are outcomes that are not the outcomes intended by a purposeful action. The concept has long existed but was named and popularised in the 20th century by American sociologist Robert K. Merton...
s. For example, California's "Three Strikes
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
" proposition intended for violent felons, has sent a number of persons to prison for life for included offenses as small as stealing pizza. However, proponents of Three Strikes argued that such consequences were akin to a "lifetime achievement award", since a potential third striker would have to have committed two violent and serious felonies beforehand. There have been attempts to change the law, most recently Proposition 66, which failed to pass after several loopholes were exploited by opponents of Three Strikes restructuring.
External links
- Initiative and Referendum Institute, University of Southern CaliforniaUniversity of Southern CaliforniaThe University of Southern California is a private, not-for-profit, nonsectarian, research university located in Los Angeles, California, United States. USC was founded in 1880, making it California's oldest private research university...