=Defects of Direct Legislation.=—But there are arguments on the other
side as well; and these also can be arranged under four headings. 1.
_Direct legislation weakens the civil rights of the individual._ These
rights are embodied in the state constitutions for the purpose of
preserving them. But if a majority of the voters can change these
constitutions at any time, there is no longer any distinction between
constitutions and laws. This means that there is no special protection
for the rights of property, for free speech, or for freedom of worship.
A majority can ride rough-shod over a minority at any time. 2. _Direct
legislation is usually the work of a majority in name only._ Not more
than eighty per cent of the people regularly cast their ballots on
election day; the proportion is often much smaller. Of those who go to
the polls many do not vote on all the questions. The result is that
measures are frequently ratified by the votes of only thirty or forty
per cent of the whole electorate, in other words by a distinct minority.
The alleged “rule of the majority” thus becomes a fiction, not a fact.
3. _Direct legislation results in appeals to public prejudice and leads
to demagogism._ When measures are submitted to the people the discussion
is not confined to the merits of the proposed laws. The supporters and
opponents alike appeal to the prejudice and the self-interest of the
voters. The demagogue uses his opportunity to the fullest extent, thus
inflaming bitterness between different classes among the people. There
is no opportunity for calm deliberation or compromise as in the
legislative halls. The voters can only say Yes or No. They must take the
measure as it stands or reject it entirely. As a rule, moreover, the man
who is ready to say Yes or No to any public question can be set down as
one who has given very little thought to the subject. 4. _Direct
legislation tends to break down the whole system of representative
government._ It divides the responsibility for lawmaking, encourages the
election of less efficient representatives, and places upon the people a
task which they cannot intelligently perform. The voters will not, and
cannot, fully inform themselves about the merits and defects of ten,
twenty, or thirty different questions on the ballot. It is absurd, the
opponents of direct legislation declare, to submit a long list of
questions to the voters when thousands of these voters are not even able
to read or write.[32]
[Sidenote: Which are the stronger?]
Public-domain text, read in full here on John Shaqi.
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