Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
The method of the State-wide initiative or referendum varies little in
the different States; usually, upon petition of from five to eight per
cent. of the voters, or in cities and towns usually fifteen per cent.,
legislation may be initiated. It may then be either passed by the
State legislature like an ordinary law, or be given to the referendum
of the people, or both, and takes effect when adopted by a majority of
the voters at a general or special election. Constitutional amendments
may in some States be originated and adopted in the same manner. So
far as one can judge, the referendum in this country shows the same
tendency that it has shown in Switzerland. Although a larger number
of measures are doubtless submitted to the people, and especially
measures of a class not to go through the ordinary legislature, when
controlled by important interests, yet the vote itself at the final
election is apt to be somewhat conservative. The referendums upon
women's suffrage, for instance, while the initiative was adopted by a
large majority, were very decisively defeated at the polls, and it is
said that last year's election in Oregon and Washington, with very
numerous and complex referendum measures, showed a surprising degree
of intelligence on the part of the ordinary voter. Nevertheless, while
it may be possible to submit to him one or two measures a year, if it
were to come to the submission of all legislation (and the States will
average from five hundred to one thousand statutes per year, at their
present output) it seems incredible that the voter should have time
and intelligence, or even take the trouble, to mark his ballot
accordingly; while it is obvious that the ballot itself, setting forth
the full law, would be considerably larger than the annual volumes of
statutes now are. This matter of practical convenience, however, may
perhaps be expected to cure itself. I should conclude, therefore, that
while the whole matter is an interesting experiment, the initiative
is hardly necessary, and the referendum should be limited to
constitutional amendments (where it was always allowed) and to matters
of definite local or public interest, like the granting of a franchise
or an irrepealable contract of privilege.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account