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 modern practice of putting everything into the State constitution
which we have called attention to in other places, has led, of course,
to a practical referendum on all most important matters, for no
constitution, with the exception of that of Virginia, has ever been
adopted in any of our States except by the people at an election; and
with the tendency to require the submission of a new constitution
every twenty years, and to make the constitution itself so compendious
as to cover a vast amount of matter, usually subjects of legislation,
with the consequent necessity of frequent amendment, we have now
in our Southern States and some of the Western States a practical
referendum to the people of most important legislative matters every
few years.
The initiative and referendum was adopted in Iowa in 1891. As to bonds
and debts of cities, etc., in Ohio in 1902. In Oregon, the general
initiative and referendum by constitutional amendment in 1903. As
to franchises for public utilities only, in Wisconsin, Montana, and
Arizona the same year. As to Chicago, Illinois, in 1904, and in
several States, what we will term the local or limited referendum,
in the last four or five years. It was, however, defeated in
Massachusetts, although adopted in Maine; and in Delaware the whole
question was submitted to a commission to investigate.
The recall, a still more recent device than the initiative and
referendum, has, indeed, no precedent in the past, or in other
countries. In substance, it makes the tenure of office of an elective
official dependent on the continuous good-will of the voters, or of
a certain proportion of the voters. Under the present charter of the
city of Boston, the mayor may be "recalled" upon petition of fifty per
cent. of the registered voters--a proportion which practically makes
the recall impossible. Where, however, the initiative of the recall
depends on a small proportion and the result is determined by a simple
majority vote at the polls, it is easy to see that the mayor or other
official would be in continuous apprehension, if he cared for his
office, and in any event would not be able to adopt and follow out any
continuous policy. The terms of most of our officials are brief. A
proposal to apply the "recall" to judges would, in the opinion of the
writer, be wicked, if not unconstitutional; as to all other officials,
it would tend to destroy their efficiency, and in most cases be in
itself ridiculous, at least as to short-term officers holding for only
one or two years.
Public-domain text, read in full here on John Shaqi.
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