Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The initiative, the referendum and the recall would not cure present
evils, but would in fact only intensify and perpetuate them. The power
and control of unrepresentative and irresponsible party machines would
be largely increased instead of being curtailed. Better men would not
be nominated and elected, but quite the contrary; the self-seeker,
advertiser and manipulator alone would be nominated. The exercise of
the initiative, the referendum and the recall would be determined by
exactly the same people who now control our nominations and elections.
It is absurd to suppose that the very men who so often choose incapable
or dishonest representatives or neglect to vote at all would exercise
greater efficiency in supervising legislation, in recalling public
officers and judges, or in setting aside judicial decisions.
Equally absurd is the idea of legislation by popular vote. The
importance of framing laws and constitutional amendments in clear and
exact language and the impracticability of doing so without careful
consideration and discussion and comparison with existing provisions,
as in legislative committees, must be recognized by all thinking men.
Our system of laws is becoming more and more complex every year, and
unavoidably so. The people at large cannot be expected to know and
understand a great and extremely complex system of laws, and it is
no reflection on them to say that they cannot grasp the details of
legislation any more than it would be to say that there are few men
in the community competent to administer as judges the unavoidably
intricate system of laws under which we live.
We have only to look at recent experience in the state of New York
in regard to the adoption of constitutional amendments, the most
important function that can be exercised by a voter, to appreciate the
folly of the proposed remedies. The total vote for and against these
amendments has frequently been less than one-half--and at times barely
one-quarter--of those who actually voted at general elections. Thus,
to take three recent experiences: the total vote cast in 1909 on an
important constitutional amendment was only 477,105 as against a total
vote the year before of 1,638,350; the total vote in 1910 on another
important constitutional amendment was 664,892 as against 1,445,249
votes for the gubernatorial candidates, and seven amendments submitted
in 1911 were defeated with an average total vote of 621,678. Similar
and even more striking experiences will be found in other states. Is
it likely that there would be a fuller or more representative and
intelligent expression of public understanding in regard to complex
legislative enactments, or in regard to the recall of judges or other
public officers, or of judicial decisions than we find now in the case
of important constitutional amendments?
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