Category: initiative, referendum, and recall

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initiative, referendum, and recall judiciary

Rights and Democracy

Democracy and constitutional rights fit together better than some people think.

Most people don’t think of democracy as some hyper-​pure system where two wolves and a lamb decide whom to eat for dinner. They envision a constitutional republic that protects fundamental rights while also democratically controlling government’s legitimate decisions and policies.

Increasingly, our representative bodies — from city councils to Congress — have attacked both our rights and our votes.

We need a direct democratic check on government; we need voter initiative and referendum.

Yet, even when citizens vote directly on an issue, the courts remain there to provide an additional check. Recently, Federal Judge Vaughn Walker struck down California’s Prop 8, a state constitutional amendment banning gay marriage. He said the measure violates the 14th Amendment’s requirement of “equal protection of the laws.”

Controversial? Yes. Sensible? Also yes.

Not so sensible, though, have been some criticisms.

My friend Joe Mathews, no initiative enthusiast he, wrote in the Washington Post: “Perhaps the spectacle of a federal judge overruling such a momentous electoral result will force Californians to reckon with the fact that their initiative process is at odds with norms of American civil rights and government.”

But this is about rights, not procedures. The vast majority of states have bans just like California’s. Banning same-​sex marriage has been popular with both legislatures and voters.

Politicians can be wrong. Voters can be wrong. Judges can be wrong. But with each checking the others, we will be better off.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

The Pennsylvania Challenge

Political change sometimes happens in hiccups.

A burst of innovation. Then a slump in its pace. An idea’s day may be done … or may just lie dormant, awaiting conditions for resurgence. Perhaps one tipping point is a rise in the number of voters who have become really, really, really fed up with the excesses of the ruling class.

Consider statewide citizen initiative rights, which many states installed between 1898 and 1920, with few more in the 1970s and Mississippi in 1993. The current total is 24.

Citizens of the other states need initiative rights too. Especially those graded F by the Citizens in Charge Foundation for their lack of initiative rights — for example, Pennsylvania. The Keystone State was rocked by a major legislative pay scandal a few years back, not to mention several scary judicial scandals. 

Michael Nerozzi and Nathan Benefield of the Commonwealth Foundation argue that only initiative rights will enable genuine reform. Pennsylvania’s constitution recognizes the right of citizens to “alter, reform or abolish their government in such manner as they may think proper,” but citizens are thwarted by the politicians.

Citizen initiative, the authors say, “is the only reliable mechanism for implementing reforms such as a part-​time legislature, term limits, state spending caps, and abolishing gerrymandering.”

It’s a tough sell with the political class. But Pennsylvanians can and will win the right of citizen initiative when enough of them insist. Strongly.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall term limits

People With Influence?

Late summer primaries, then September primaries — before you know it, November’s election is here. ’Tis the season when politicians really need us — at least our votes.

But do they respect our vote? That means keeping their word. It also means supporting ballot initiative rights, so that voters have the last word.

Today, Citizens in Charge and U.S. Term Limits are running two television campaigns to focus attention on respecting the vote of the people for term limits and respecting the right of citizens to petition their government by voting on issues directly.

One spot tells about Oklahoma State Senator Randy Brogdon, who authored two amendments that will appear on this November’s ballot: State Question 747 would term-​limit statewide offices and State Question 750 would make it easier for grassroots groups to put measures like term limits on the ballot.

In Missouri, our television ad calls out State Rep. Mike Parson for not respecting the people of Missouri’s 74 percent vote for term limits. Parson voted to gut the limits. Nor does Parson respect initiative rights. He introduced legislation to hamstring citizens in ways already ruled unconstitutional in other states.

Why don’t more elected officials have Dan Maes’s attitude? Maes is a Colorado businessman seeking the Republican nomination for governor. At a business forum, he stood up for citizen initiative rights, saying, “I really want people to have influence in their government.”

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Pensacola Tea Party

The Boston Tea Party wasn’t about tea. It wasn’t even about high taxes.

“The Boston Tea Party happened during a time of very low taxes,” explains Eric O’Keefe on the Heritage Foundation blog, “and the tea in the harbor had the lowest price of any tea from Britain for years.… But the patriots viewed their local control of government and taxes as an essential anchor for their liberty, so they rebelled at a violation of a basic principle.”

The Tea Party — the American Revolution — was about government. Self-government.

The same issue has surfaced in Pensacola, Florida, where ten citizens are circulating a petition there to challenge a “design-​build” contract the City Council approved in May to develop a park and build a stadium.

The Pensacola News Journal headline reads: “Petition drive won’t stop park, CMPA attorney says.” The CMPA is the Community Maritime Park Associates. Their attorney, Ed Fleming, says “Even if they did collect enough signatures and it does get approved by voters, the park has passed a point of approval that it is going to be built now.”

Hmmm?

One of the petitioners, former City Councilman Jack Nobles, said, “I would hope they would re-​evaluate their positions based on the wishes of the public.”

It’s not about a stadium or a park construction process. Or tea or taxes. It’s about self-​government, about keeping citizens in charge.

This is Common Sense. I’m Paul Jacob.


Categories
ballot access initiative, referendum, and recall

E‑Power to the People

Disagreement is simply an inescapable part of living with one another. But we should all agree on one thing: The people are sovereign.

The practical question is, how is that sovereignty best instituted? Our experience with those organization and rules we’ve come to rely upon is that, too often, they work against our interests, even working mightily to limit our sovereignty.

Earlier this week, the Utah Supreme Court ruled that electronic signatures should be counted in a case involving an independent candidate for governor who was required by law to gather 1,000 official voter affirmations on a petition.

Of immediate concern is whether the same standard on e‑signatures should apply to initiative petitions, which in Utah are required to number over 100,000. Utahns for Ethical Government is asking the AG to count electronic signatures on their measure.

There are certainly issues as to how best to authenticate e‑signatures. But can there be any doubt as to the desirability of making it easier for voters to sign petitions and place issues they deem important before their fellow sovereign citizens?

There’s entrenched political opposition to that, though. Utah Governor Gary Herbert says “electronic signatures are part of the future” — but he hopes that’s the far distant future. He wants the legislature to weigh in. Which it may do, working around the judgment of the State Supreme Court.

Will popular sovereignty make it to the Internet, today’s dominant interactivity realm?

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Dank der Direct Democracy

For the last week, I’ve had the arduous duty of traveling across beautiful Switzerland, studying their very robust system of voter initiative and referendum. An important issue came up: is so-​called “direct democracy” good or bad for business, for economic growth? 

Years ago, a Swiss professor suggested that allowing voters a direct say “will ruin the Swiss economy.” (Sound familiar?) But a 2002 analysis by a Swiss business group, Economiesuisse, found that the facts showed otherwise.

Swiss cantons (states) with greater initiative and referendum rights had on average 15 percent greater GDP than those with lesser processes. Municipalities that required budgets to be approved by voter referendum spent 10 percent less per head. Also, public services cost noticeably less in cities and towns with voter initiative rights.

St. Gallen economist Gebhard Kirchgässer put it plainly, “In economic terms, everything is in favor of direct democracy — nothing against.”

But what about in America, where we hear so much about ballot initiatives “ruining” California?

Well, the recent American Legislative Exchange Council report “Rich States, Poor States” found a similar pattern. ALEC ranked all 50 states on a combined measure of their last ten years of economic performance and various factors of “economic outlook.” The top seven spots (and 12 of the top 15) were all held by states that enjoy voter initiative rights. 

Ranked 46th, California was the only initiative state in the bottom five states. But even the Golden State’s low rank belongs to the legislature, not voters.

This is Common Sense. I’m Paul Jacob.