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. Opponents feel that the constitution should be a short document with all the details put into the statutes. They cite the long constitution of the state of California as an outstanding bad example of what can happen when it is too easy to amend the state document. It is true that many times proponents of initiatives prefer to put them in the constitution, but whether a lengthy constitution is the result of initiative power or if it is due to the • structure of the constitution is hard to say because other states with no constitutional initi- ative have even lengthier, more detailed documents. Legislating by Initiative The statutory initiative is used to proposed measures that a legislative body will not enact. Of the states that provide for use of the initiative to propose legislation, Ohio, Maine, Massachusetts, Michigan, Nevada, and South Dakota have the indirect initiative only. Washington uses a combination: if a measure is submitted more than four months before an election it goes directly on the ballot; if submitted not less than ten days before the legislature convenes the initiative is considered by the legislature. Sometimes initiatives are supported by a majority of voters but unlike consti- tutional initiatives which usually reflect the concern of broad segments of the public, statu- tory initiatives are more likely to be supported by a special interest.8 The subject of initia- tives varies greatly, reflecting the interests of the people of a state, such as fish, fores- try, agriculture, environment, antivivisectionist, etc. Many times the proposals are regu- latory in nature. Initiatives proposed reflect a change of attitude. Following World War II there were many proposed concerning veterans.. In earlier days, prohibition and like matters were •subjects of concern. Now marijuana is a major topic, and taxation has always been a popular subject with initiative users. Depending on the constitution; a statutory initiative in one state may bea constitutional initiative in another, or vice-versa. The basic argument against the use of the statutory initiative is that it is frequently used by minority or special interest groups to circumvent the legislature or governor. Those for its use, however, feel it insures that special interests or minorities • will have an opportunity to state their cases and let the public decide on the merits of their proposals. TYPES OF REFERENDUM AND USAGE Petition -- Supporters of the referendum by citizen petition point out that though it is generally easier to use than the initiative, it is not used as often. Twenty- four states use this referendum and the citizens of these states feel that although there are drawbacks, it is for the most part regarded as a valuable safeguard. The people can accept, reject, or amend laws enacted by the legislature. This type of referendum is successful only when there is substantial negative feeling and .is not used frivolously to challenge every legislative decision. Perhaps the most frequently cited argument against this type of referendum is that if enough signatures are collected to qualify the petition for the ballot, the law is suspended until after the election. Legislation that would most likely be approved by the voters could be held up by a small organized group. If the referendum is voted on at the next regularly scheduled election it could be delayed as long as a year and a half. If a special election is held, the cost rises accordingly. Butproponents feel it is worth the delay and possible extra cost to keep the legislature from enacting undesirable laws and point out-that provisions can be made so that if legislation is truly urgent, it .can be exempted from the referendum procedure by an over- whelming vote of the legislature. Optional -- In some states the legislature may refer legislation to the_people for judgement. The voluntary use of the referendum by the legislature is quite controversial. • Some state constitutions specifically give their legislature this option. However, it has been used in New York and Illinois whose constitutions did not provide for it, and this use has been successfully challenged in the courts. Based on these decisions, the Attorney General of Hawaii has given the opinion that our state legislature may not use the optional referendum.9 4