Yesterday’s Flash Report highlighted an excellent Golden Pen selection from George Will regarding the judiciary’s meddling in Proposition 8. Among his many keen observations, Will made the following comment about states’ use of the initiative process:
“Passing laws by referenda is an imprudent departure from the core principle of republican government – representation: The people do not decide issues, they decide who shall decide. But the right of Californians to make laws through the direct democracy of referenda is as firmly established as it is promiscuously exercised.”
Although Will doesn’t seem to agree with the initiative process—based on republican principles—he concedes its use has passed constitutional muster. Will’s position recalled to my mind an experience I had last year when I was helping collect signatures for the marriage constitutional amendment. One man I talked to said that although he agreed with the amendment’s definition of marriage, he would not sign the petition because he believed, as George Will argues, the initiative process violates the republican principle of representative law making.
America’s Founding Fathers were quite clear that they established a republic, not a democracy. The republican form of government relies on duly selected representatives to pass laws, while democracies are subject to the capricious will of their citizens in making laws. Father of the Constitution James Madison once warned: “[D]emocracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths.”
There is little doubt that America’s commitment to establishing and maintaining a republican form of government accountable to the people has made her unique amongst modern world governments. But when the process of selecting representatives for a republic is broken, the initiative process becomes the people’s only recourse against an out-of-control legislature.
Why is the initiative process—in the words of Mr. Will—so “promiscuously exercised”? Because our representatives obviously don’t represent the true will of the people. That’s not to say that the will of the people is completely sovereign. As a republic, we elect legislators to temper public passion, carefully consider legislation, and pass just laws. But too often in California, our lawmakers disregard the commonsense views of their constituents.
The marriage issue is a perfect example of this problem. Liberals in the legislature have tried repeatedly to legalize same-sex marriage, despite the passage of Proposition 22’s protection of traditional marriage in 2000. For whatever reason—political or actual respect—the governor has vetoed these attempts to thwart Proposition 22. How is it that over 60% of California voters want to define marriage as between one man and one woman but our legislature successfully passes bills undermining this definition? Could it be our gerrymandered legislative districts?
As long as Democrats and Republicans create their own districts, ensuring their retention, then we will be stuck with too many radical liberals in the legislature, bent on pushing their agenda on a much more moderate populous. Hopefully 2008’s Proposition 11 will establish a truly bipartisan manner of drawing legislative district borders. Drawing districts with a broader spectrum of voters could help moderate some of the more liberal districts by electing members who represent the people, not just small factions. Until the method of selecting representatives for our republic is made just and honest, the initiative process—although not perfect—must remain the people’s tool in passing laws to balance the legislature.
January 16th, 2009 at 12:00 am
This is the same George Will who mocked Ronald Reagan’s record
as California Governor during Reagan’s 1976 presidential bid.
It makes some people very Nervous when the Voters get too
much power into their hands !
Thanks to millions of Californians, our State has these Reforms:
(1)… Term Limits for elected state officials (Prop. 140)
(2)… Limits on property and other taxes… .(Prop. 13)
(3)… Landmark “3 strikes” career criminal law (Prop. 184)
(4)… Jessica’s Law protecting kids from predators (Prop. 83)
(5)….Ban on racist State acts (Ward Connerly’s Prop. 209)
It’s too bad these solid, successful reforms make the George Wills
of the world uncomfortable. Californians have been judicious and
careful, not “promiscuous”, in using their ballots on initiatives.
January 16th, 2009 at 12:00 am
We have a legislature that makes laws. If we don’t like the laws, we get a new legislature. Only political reform (such as Prop 11) are necessary. The rest deserve a deliberative process. Not all laws out of the legislature are good or laws out of initiatives are bad. But representative democracy is about a legislative process, not an intiative process.