DIRECT DEMOCRACY
(LAWC-4105) - 2 UNITS

At the turn of the last century, voters in a number of states in the American West grafted onto their state constitutions three tools of direct democracy: the initiative, the referendum, and the recall. Deeply dissatisfied with state governments they viewed as captured by powerful economic interests, they secured constitutional rights to approve statutes and constitutional amendments; reject statutes approved by their legislatures; and remove public officials from office. In short, popular majorities gained the power to bypass their representatives and dictate public policy directly, transcending the Madisonian constitutional orthodoxy established at the Founding.

Today, twenty-four states have some version of the initiative, twenty-three have a popular referendum process, and nineteen provide for the recall. Ballot measures feature regularly and prominently in hotly contested debates over issues such as drug legalization, minimum wage laws, taxation, same-sex marriage, affirmative action, political reforms, and abortion.

In this seminar, we will examine the history, law, and policy of direct democracy, with a particular focus on its expression in California - one of the states where it is most actively practiced. Topics will include whether direct democracy comports with the federal constitution; interactions between electorates and legislatures; minority rights under direct democracy; restrictions on the use of direct democracy; procedures for qualifying ballot measures; the role of money and interest groups; judicial review and interpretation of ballot measures; and reform proposals.

Pass/Fail:
No

Prerequisites:
Constitutional Law (LAWC-2003)  (can be taken concurrently)