1) Representative vs. Direct Democracy

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1) Representative vs. Direct Democracy
Direct democracy =
Initiative, Referendum and Recall
defined:
• direct legislation by citizen petition & vote
• direct public veto of bill from legislature
• direct public veto of legislator
Today:
• State-level use of initiative common (in west)
• US one of few democracies w/o national referendum
• over 70% of Americans want national referendum
A) US tradition of INDIRECT democracy
Madisonian Democracy
“Republican” form of government guaranteed in Constitution
• representative legislature
• separation of powers
• direct participation not given much thought at founding
• only modern experience pre 1900 Swiss & French
B) History of Direct Democracy in the US
• New England town meetings (1600s)
• some states ratified US Constitution by some referendum
• Articles of Confederation had recall
• State Constitutions to enter union (1850s & beyond)
C) Where did we get it? Populist Movement
1870s- 1900
1) Major economic depression/dislocations in west
 agricultural crisis
 farmers radicalized
 seen as conspiracy against farmers by East
 Railroads set monopoly prices
 “Trusts” = monopoly control of purchasing
 Banks = monopoly control of credit
2) Populist Agenda:
by 1880s, Populists include groups such as:
• Farmers Alliance, Grangers, Greenbacks
• People's Party, Populist Party,
won seats in state legislatures, US Congress
1891,
1893,
1895,
1897,
1899,
• 1901,
2 Populist in US Senate
3 Populists, 1 “Silver” Republican
4 Populists, 2 Silver Republicans
5 Populists, 5 Silver Reps, 2 Silver (of 90)
5 Populists, 3 Silver Reps, 2 Silver
2 Populists
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Economic Agenda:
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single-tax (anti-land speculation)
income tax & redistribution
public ownership of railroads
public banks and/or easy credit
inflationary policies
o Silver, rather than gold standard
o WJ Bryant: "I will not be crucified on a
cross of gold..."
Political Agenda:
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direct election of President
term limit (1) for President & VP
direct election of US Senators
primary elections
women’s suffrage (?)
initiative, referendum and recall
3) Why direct democracy?
• Populist contempt for legislators and legislative process
• Progressive hope to improve legislative process
In historic context (1900):
• legislators unprofessional and corrupt
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active bribery, very low pay
controlled by railroads, corporations
very little policy expertise
high turnover
grant monopolies to firms
• committee systems seen as anti-democratic
• controlled by skilled tacticians
• bills favored by majority could die easily
• bills passed w/o information on content
• legislature didn’t represent state-wide interests
• public policy not responsible, nor representative
o initiative =
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“gun behind the door”
“spur in the flank”
“bit in the mouth”
force legislature to respond to public
weaken “special interests” control
D) The Direct Democracy Coalition
1) by late 1890s in American West
• Populists joined forces w/ other groups:
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evangelical preachers (prohibition)
"good government" Progressives (in GOP)
labor organizations
women's groups (suffrage)
• These forces strongest in west
• State constitutions most malleable in west
2) Adoption of Initiative, Referendum and Recall:
• South Dakota, 1898, first to adopt
• Oregon, 1904, first to use
• 1898-1918, 23 states adopt various forms of DD
o only 5 states adopted after 1918
• wide range of issues placed on early ballots:
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hours of work
women's suffrage
direct primaries
regulate railroads
 prohibition
3) in Washington State:
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Socialist Labor Party
farm-based Populists
"anti-machine" urban progressives
aligned w/ elements from weaker of major parties
4) variation in form and use
statutory vs. constitutional
II Evaluation of the Initiative Process Today
A. Contemporary Critique:
1) Captured by special interests ?
“the initiative industrial complex”
• paid signature gathering
• TV, radio, mail ads
• professional consultants
• full-time proponents
2) Bad way to deal w/ complex policy ?
• voters don’t know what they are doing
• voters are tricked by ads, slogans
• voters are selfish and mean
o taxation / budgets
o salmon recovery
o transportation
o land use
3) Legislature better ?
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now professionalized
mutual accommodation of interests
minority interests "at table"
vision for long-haul
concern for balancing budgets
 initiative process "all or nothingism"
3) Tyranny of the Majority?
I-200, busing, housing de-segregation, gay rights, etc.
4) Tyranny of the Minority?
• tax cuts passed by small % of citizens
• there are no real majorities
B. How to evaluate?
• Are these problems unique to initiatives?
• General problems with any form of democracy?
• Can special interests “buy” public policy they would not
get from legislature?
o do sponsors gain from the policy change?
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Tim Eyman
League of Women Voters
Anti-smoking folks
Fluoride folks
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Paul Allen
teacher’s unions
building industry
Insurance industry
• Does big $$ buy victory?
 not usually
 most initiatives fail
• Would legislature ever deal with the issue?
• Can initiatives make legislature better?
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car tabs
public disclosure
campaign finance regulations
state-wide growth management
• Is more democracy better?
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