Direct Democracy

Catalog description

In recent years, the use of ballot measures has sharply risen, and initiatives and referenda have featured prominently in contested debates over immigration, affirmative action, abortion, same sex marriage and term limits. In the wake of the Dobbs decision on abortion, controversies about abortion-related ballot measures have become especially salient in many states. And the initiative process itself has become more contested and controversial, as legislatures in several states have sought to limit its use. This seminar will focus on direct democracy as a method of lawmaking. Our principal focus will be on initiatives and referenda, but we will allocate some time to the recall, as well. We will consider the history, practice, theoretical justifications, and constitutional dimensions of direct democracy, as well as how direct democracy interacts with representative democracy. We will also explore many legal questions that have arisen as ballot measures have been used as instruments of governance and policy. Topics will include whether direct democracy comports with the federal constitution; judicial review and interpretation of ballot measures; minority rights under direct democracy; election rules relating to signature gathering, qualifying ballot measures and campaign finance; attempts to make it more difficult for voters to qualify and pass ballot measures; and the role of interest groups. Students will be asked to briefly present on an identified ballot measures, and, along with another student, help lead discussion for one week's session. Students will write either multiple response papers or a single final research paper (for R credit) on a topic to be worked out with the instructor. Special Instructions: After the term begins, students can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students…