Representation and Direct Democracy
11 November 2010
Announcements
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Reminder: Essays due today at 4pm.; You must also upload your paper to
Turnitin: You only need to upload your paper once.
January exam will be multiple choice format
Dissatisfied citizens can try to remove incumbents from office during their
terms through:
a. initiatives.
b. referendums.
c. propositions.
d. recall elections.
e. All of the above.
The exam will be comprehensive so to do well you will have to read all of
the assigned material and you must also understand it!
Incumbency Advantage
• Typically about 90 percent of House incumbents are reelected
• In the Senate, 78.6 percent have won reelection in the postwar
period
• Even in years very unfavourable to one of the parties, a large
majority win. In 1994, the Democrats worst year since 1946, 84
percent won. In 1974, 77 percent of the Republican incumbents
who ran were returned to office.
• In 2006, 94 percent of House incumbents won; in the Senate 79
percent were reelected.
Explanations for Incumbency Advantage
• Name Recognition
• Redistricting (in the House)
• Campaign finance system
Elbridge Gerry’s Salamander
Gerrymandering
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Equal populations
Partisan
Incumbency
Racial
Racial Gerrmandering
Florida 3rd “
Gnawed Wishbone
Louisiana 4th
Mark of Zorro
Texas 30th
“Microscopic View of a Disease
Texas 29th
Bird with Plumage
Illinois 4th
Pair of Earmuffs
New York 12th
Bullwinkle
Campaign Money
• A good candidate and a good message are not enough. Without
money, the voters do not see the candidate or hear the message.
• In contemporary candidate-centered campaigns, candidates (as
opposed to the party organizations) must assemble their own
campaign teams, raise their own money, hire consultants and
technical specialists, and design and execute their own individual
campaign strategies.
• Recent elections reflect the rise in cost.
Money Raised in 2008
Source: www opensecrets.org
Campaign Spending
Ethics and Honesty
Attitudes about Campaign Finance
The Campaign Finance Regulation System
• Campaign finance operates through two parallel systems:
• Money going directly to candidates is subject to limits on the size
of contributions and full disclosure of sources. See Federal
Election Commission.
• The Federal Election Campaign Act (FEC) of 1974 imposed limits
on both contributions and spending for congressional candidates.
However the Supreme Court ruled in Buckley vs. Valeo that the
spending limits were unconstitutional because such restrictions
limited free speech.
• Presidential candidates who accept public funds (voluntary) also
must observe spending limits. But money raised and spent
outside of the candidates’ campaigns (soft money, issue
advocacy) is lightly regulated and not subject to limits.
• Obama was the first presidential candidate to refuse public funds
so he would not have to abide by limits
The Role of the Representative
• Trustees—legislators who use their own judgment to decide what
is right
• Delegates-legislators who carry out the precise wishes of their
constituents back home regardless of what they personally believe
is best
• Symbolic-does Congress look like America?
African American and Hispanics in Congress
Women in Congress
Policy Representation
Direct Democracy as an Alternative
• Rather than voting for representatives, citizens are able to draft
and vote directly on policy
• Direct democracy allows citizens to be their own “legislators”
• Direct democracy also allows citizens to set the policy agenda
• Circumvent a non-responsive legislature
Recall the reasoning for the U.S. Constitutional
Framework…
• America is not so much a democracy as it is a republic.
• The whole idea of the Constitution was to limit majority rule, to
prevent tyranny of the majority. This is why citizens do not make
laws directly, but elect representatives to do so, and supramajorities or checks and balances are required in every step of
legislation and execution.
• Nevertheless, the Constitution reserves power to the states to
determine their own laws. Many states allow voters to make laws
directly.
Devices of Direct Democracy
• The Referendum
– Government places a question before the voters
• The Initiative
– Allows voters (or some organized group) to define the issue or
question to be voted on
• The Recall
– Allows voters to undo elections by recalling elected officials
The Referendum
– France and the Netherlands recently voted on the European
Constitution (2005)
– Constitution of Iraq (2005)
– Australian Republic (1999)
– Canada “Charlottetown Accord” (1992)—
• divisions of powers between federal and provinces
– Ireland (1995) held a referendum to decide whether divorce
should be legal
The Initiative—Some Examples
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Taxes
– Prop 13 (California, 1978)
• Medicinal marijuana
– California’s Prop 315 (1996); Proposition 1 (Michigan 2008); Measure 67
(Oregon, 1998)
– New proposals in California would legalise, tax and regulate the drug in what
would be the first such law in the United States. Tax officials estimate that
legislation could bring $1.4 billion a year.
• Ban same-sex marriage
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11 states (2004); 3 states (2008)
Deny illegal immigrants social services, health care, and public education
– Prop 187 (California, 1994)
The Recall
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Typically used for local offices
Exception-California Governor (October 7, 2003)
Signatures
Results
Where Direct Democracy is used
Examples of Ballot Measures
California (2010)
Vote on Legalizing Marijuana (CA)
Source: CNN Exit Polls
Advantages
• Allows citizens to circumvent unresponsive legislatures (example
of term limits and other reforms)
• Allows citizens to remove unpopular representatives (example of
Gray Davis)
• Empowers voters
Criticisms of Direct Democracy
• Original intent of the framers was for a republican form of
government
• Too much money and “special interest” influence
• Voters are incompetent
• Concern about minority rights
Reasons Californians Support Direct
Democracy
Gets attention of politicians
Makes voters aware of issues
Forces issues onto the agenda
Allows for policy change
Allows direct participation
Gives people a voice
0
5
10
Source: Table 7.1, p. 135 Donovan and Bowler
15
20
25
30
35
40
45
50
Voter Evaluations of Representative
versus Direct Democracy
Which do you feel can be trusted more often to dow
hwat is right on important government issues?
Which do you feel is more influenced by special
interest groups?
Which do you feel is better suited to decide upon
large scale government programs and projects
Which do you feel gives more thorough review to
each particular aspect of a proposed law?
Which do you feel is better suited to decide upon
highly technical or legal policy matters?
Who do you feel generally enacts more coherent and
wel-thought-out government policies?
0
Elected Representatives
10
20
30
Voting Public
Source: Table 7.2, p. 136 Donovan and Bowler
40
50
Other
60
70