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02-21-1979
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02-21-1979
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MV Minutes
GOVBOARD
Charter Commission
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minutes
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One of the most marked features of the evolution of government in the United <br /> States was popular dissatisfaction with state legislatures during the late 19th century. <br /> Many people felt that the legislatures were no longer representative of the people but- were <br /> instead. dominated by political bosses and special interests, such as the railroads. .This <br /> growing dissatisfaction coincided with the growth of the labor movement and several strong <br /> "people's parties." Populist ideas peaked between the Civil War and World War I, then <br /> subsided and may again be on the rise. <br /> • <br /> Adding to the surge in the populist or progressive reform movement was a <br /> series of articles which appeared in England on the use of direct legislation in Switzerland. <br /> By 1888 the Swiss system of direct legislation was well known to many groups in the United <br /> States and England, and there was wide discussion about the desirability of adopting it as a <br /> defense against unpopular legislation. Switzerland had used the referendum in some cantons, <br /> political divisions corresponding to states, since the 16th century. Measures of national <br /> importance have to be submitted to popular vote if the governments of eight of the twenty- <br /> five cantons or if 30,000 voters throughout the country should so petition. This unique <br /> power of the Swiss people is attributed to the unusual federation of cantons consisting of <br /> French, Italian, German, and Romansch speaking people who united to form the modern Swiss <br /> nation. It serves as a pressure release for minorities who can put their case to the people <br /> when at odds with the government. Several other countries use the referendum from time to <br /> time, but only their governments can initiate the action.2 <br /> The first large well-organized body in the United States to favor adoption of <br /> I and R at the state level was the American Federation of Labor, which publicly supported it <br /> in 1892. Various populist parties and labor organizations also adopted it and it 1898, South <br /> Dakota became the first state to add it to its constitution. Twenty-six states have since <br /> adopted some form of direct legislation. <br /> CHART OF STATES WITH DIRECT LEGISLATION <br /> Initiative and Referendum <br /> Alaska Arizona + Nevada + <br /> Idaho Arkansas + North Dakota + <br /> • Maine • California + Ohio <br /> Montana Colorado + Oklahoma + <br /> South Dakota' Massachusetts + Oregon + <br /> Utah Michigan + <br /> Washington Missouri + + includes constitutional <br /> Wyoming Nebraska + amendment also <br /> Initiative only <br /> Florida - to amend its constitution only <br /> Illinois - to amend only Article IV: The Legislature, <br /> of its state constitution <br /> Referendum only <br /> Kentucky - on certain tax measures only <br /> Maryland <br /> • New Mexico <br /> No state which has I and R has ever dropped it from its constitution and some <br /> states, such as California, Oregon and Washington, use it frequently. Even in states that <br /> have not adopted it, it is used at the county and municipal level. Hawaii, which has no I <br /> and R for state government, has made it optional at the county level. For example, Kauai <br /> and Hawaii counties provide I and R for charter amendments and ordinances; Honolulu county <br /> allows only direct initiative for charter amendments; Maui county provides advisory initia- <br /> tive for charter amendments and Iaand R for ordinances. <br /> In the study The Initiative and Referendum in California, it is stated that <br /> "Every type of group representing population interest -- commercial, industrial, financial <br /> reform, religious, political -- has made use of the initiative. However, it 'adds, ". . .suc- <br /> cessful initiatives have originated only with substantial interest groups. At thesame time <br /> the successful initiative must have widespread appeal and must not depart too drastically <br /> • from established patterns of activity."3 <br /> Generally, more people vote on initiative measures than on referenda. The <br /> . more controversial the issue, the more -voter interest is evinced on both types of legisla- <br /> tion. However, initiative measures are more likely to be turned down than referenda. It <br /> appears that decisions by the legislature are received more favorably than measures proposed <br /> by the citizenry. <br />
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