The Battle Over Citizen Lawmaking
The Battle Over Citizen Lawmaking

Author: M. Dane Waters

Publisher:

Published: 2001

Total Pages: 322

ISBN-13:

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There is little doubt that in recent years the initiative process has become one of the most important mechanisms for altering and influencing public policy at every level of government. In the last two years alone, utilizing the initiative process, citizens were heard on affirmative action, educational reform, term limits, tax reform, campaign finance reform, animal protection, drug policy reform, and the environment. However, the initiative process has fallen prey to its own success. Lawmakers who have been most affected by this citizen's tool have struck back by imposing new regulations on the process -- regulations that serve no purpose but to deprive the citizens of the only avenue available to them to reign in unresponsive government. These regulations have generated many questions that have so far remained unanswered or have been discussed only in specialist journals. There are legal questions about signature gathering and limits on campaign spending, political questions about implementing the relevant statutes, and philosophical questions about equality and freedom of expression. The Battle Over Citizen Lawmaking discusses the evolution of the initiative and referendum process, the need for the process, how it has been utilized, the impetus for new regulations, the major regulations that have been imposed, the role the courts have played in regulating the initiative and referendum process, what role money plays, and how the process has been regulated in other countries. This book comprehensively addresses these issues from the viewpoint of leading scholars, opinion leaders, journalists, elected officials, activists, and attorneys. "Dane Waters has done a commendable job in bringing a focus to an edited book project that provides a new perspective on the growing literature on direct democracy. The emphasis on a legal perspective may even help bring the topic to greater attention in classes on law and politics." -- The Journal of Politics, February 2002

Educated by Initiative
Educated by Initiative

Author: Daniel A. Smith

Publisher: University of Michigan Press

Published: 2009-11-12

Total Pages: 248

ISBN-13: 0472024256

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"This body of research not only passes academic muster but is the best guidepost in existence for activists who are trying to use the ballot initiative process for larger policy and political objectives." --Kristina Wilfore, Executive Director, Ballot Initiative Strategy Center and Foundation Educated by Initiative moves beyond previous evaluations of public policy to emphasize the educational importance of the initiative process itself. Since a majority of ballots ultimately fail or get overturned by the courts, Smith and Tolbert suggest that the educational consequences of initiative voting may be more important than the outcomes of the ballots themselves. The result is a fascinating and thoroughly-researched book about how direct democracy teaches citizens about politics, voting, civic engagement and the influence of special interests and political parties. Designed to be accessible to anyone interested in the future of American democracy, the book includes boxes (titled "What Matters") that succinctly summarize the authors' data into easily readable analyses. Daniel A. Smith is Associate Professor of Political Science at the University of Florida. Caroline J. Tolbert is Associate Professor of Political Science at Kent State University.

Direct Democracy and Minority Rights
Direct Democracy and Minority Rights

Author: Daniel C. Lewis

Publisher: Routledge

Published: 2013

Total Pages: 138

ISBN-13: 0415537436

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This book conclusively demonstrates that direct democracy—institutions like the ballot initiative and the referendum—endangers the rights of minorities and perpetuates a tyranny of the majority. While advocates of direct democracy advocate that these institutions protect citizens from corrupt lawmakers beholden to special interests, Daniel Lewis’s thorough investigation shows how such mass participation exposes minority groups to negative policy outcomes favored by only a slim majority of voters. Some would argue that greater democratic responsiveness is a positive outcome, but without the checks and balances of a representative, separated powers system that encourages deliberation and minority representation, minority rights are at increased risk under direct democracy institutions. While research has been presented that supports both sides of the debate, the existing literature has yet to produce consistent and compelling evidence in favor of one side or the other. This book undertakes a comprehensive examination of the "tyranny of the majority" critique of direct democracy by examining a host of contemporary American state policies that affect the rights of a variety of minority groups. By assessing the impact of direct democracy on both ballot measures and traditional legislation, the book provides a more complete picture of how citizen legislative institutions can affect minority rights, covering a myriad of contemporary (and sometimes controversial) minority rights issues, including same-sex marriage, affirmative action, official English, hate crimes laws, racial profiling, and anti-discrimination laws. The book is unique in its approach and scope, making it compelling for scholars interested in direct democracy, state politics, minority politics and electoral institutions, as well as American politics generally.

For the Many or the Few
For the Many or the Few

Author: John G. Matsusaka

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 215

ISBN-13: 0226510875

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Direct democracy is alive and well in the United States. Citizens are increasingly using initiatives and referendums to take the law into their own hands, overriding their elected officials to set tax, expenditure, and social policies. John G. Matsusaka's For the Many or the Few provides the first even-handed and historically based treatment of the subject. Drawing upon a century of evidence, Matsusaka argues against the popular belief that initiative measures are influenced by wealthy special interest groups that neglect the majority view. Examining demographic, political, and opinion data, he demonstrates how the initiative process brings about systematic changes in tax and expenditure policies of state and local governments that are generally supported by the citizens. He concludes that, by and large, direct democracy in the form of the initiative process works for the benefit of the many rather than the few. An unprecedented, comprehensive look at the historical, empirical, and theoretical components of how initiatives function within our representative democracy to increase political competition while avoiding the tyranny of the majority, For the Many or the Few is a most timely and definitive work.

The People Vs. the Courts
The People Vs. the Courts

Author: Mathew Manweller

Publisher: Academica Press,LLC

Published: 2005

Total Pages: 268

ISBN-13: 1930901976

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This research monograph analyses and describes how initiative elites react to the high level of judicial review of their successfully passed ballot measures and why those reactions are failing to decrease the number of judicial nullifications. For the last 30 years, state ballot measures that have passed and been challenged in court have been nullified at the ration of 1 out of 2. As a result of a 50% rate of nullification initiative elites have benefited from institutional learning and have become more sophisticated and politically savvy. However the nullification have hardly plummeted. The work explains why and posits other legal and political actions that may be possible for the ballot winners and their supporters.

Politics in the American States
Politics in the American States

Author: Thad Kousser

Publisher: CQ Press

Published: 2024-11-07

Total Pages: 653

ISBN-13: 1544391110

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Politics in the American States, Twelfth Edition, brings together the high-caliber research expected from this trusted text, with comprehensive and comparative analysis of the fifty states. Fully updated for all major developments in the study of state-level politics, the editors and chapter contributors keep pace with the transformation of American states and their study.

Brave New Neighborhoods
Brave New Neighborhoods

Author: Margaret Kohn

Publisher: Routledge

Published: 2004-07-19

Total Pages: 198

ISBN-13: 1135944601

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Fighting for First Amendment rights is as popular a pastime as ever, but just because you can get on your soapbox doesn't mean anyone will be there to listen. Town squares have emptied out as shoppers decamp for the megamalls; gated communities keep pesky signature gathering activists away; even most internet chatrooms are run by the major media companies. Brave New Neighborhood sconsiders what can be done to protect and revitalize our public spaces.

The Electoral Challenge
The Electoral Challenge

Author: Stephen C. Craig

Publisher: CQ Press

Published: 2010-07-27

Total Pages: 369

ISBN-13: 1483351343

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What decides elections? Is it the national economic condition, voters’ partisan attachments, or the campaigns that candidates run? How much do campaigns matter? Scholars and political consultants will give you different answers. Stephen C. Craig and David B. Hill bring together the voices of both in this engaging volume, now updated to include the volatile and groundbreaking 2008 campaigns and elections. Each chapter features an essay from a top scholar in the field, followed by a response from political consultants. Contributors bring to bear the best literature and empirical evidence to determine what we know about the factors that drive election outcomes—all while inviting students to join in the conversation.

The Encyclopedia of Civil Liberties in America
The Encyclopedia of Civil Liberties in America

Author: David Schultz

Publisher: Routledge

Published: 2015-04-10

Total Pages: 2503

ISBN-13: 1317457129

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Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.