Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Varieties of Referendum._--The referendum may be obligatory or optional
in character, that is, the approval of the electorate may be required by
the constitution before certain laws shall go into effect, or the
legislature in its discretion may refer a law to the people for their
opinion. Thus the constitutions of many states declare that no law for
increasing the debt of the state beyond a certain amount shall be valid
until it has been submitted to the voters and approved by them. Again,
the referendum may be mandatory or advisory in character. Under the
mandatory form, the legislature is required to carry out the will of the
electorate as pronounced on any subject referred to the voters, while
the advisory referendum is nothing more than an expression of opinion
which may or may not be followed by legislative action.
Again, the referendum may be state-wide in its scope, as where a general
law or question of public policy is submitted to the voters of the whole
state, or it may be of a local character, as where a law affecting a
particular community is referred to the voters thereof.
The referendum as a device for adopting constitutions and constitutional
amendments is as old as the republic itself, and is now the general
practice (pp. 65, 70). In all the states except Delaware proposed
amendments must be submitted to the voters at a general or special
election, and must be adopted by them before going into effect. The use
of the referendum for ordinary lawmaking is also an old practice, though
it is much more generally resorted to now than formerly. Thus very early
in our history it was employed for such purposes as the incorporation of
towns, borrowing money, the location of county sites, division of
counties, subscription to stock in railroads and other enterprises by
states, counties, or towns, and the levying of special taxes for the
support of schools. One of the important uses to which it was put was
the determination of the question whether intoxicating liquor should be
sold in a particular locality. In time what were called local option
laws were passed in many states, giving the people of towns, cities, or
other local divisions of the state the privilege of determining by
popular vote whether liquor should be sold within their limits. Other
matters that have frequently been made the subject of a referendum are:
the granting of the suffrage to negroes, and sometimes the
enfranchisement of women; the location of state capitals; the sale of
school lands; the incorporation of state banks of issue; the granting of
aid to railroads; the adoption of the township form of local government;
the construction of canals; the erection of public libraries; and many
other matters too numerous to mention. There is no state in which the
referendum is not provided by the constitution for certain kinds of
legislation, and there is hardly a general election held nowadays in
which the voters are not called upon to pass judgment upon some proposed
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