Read and answer the provided questions
Political Science 1
Direct Democracy in California
Lesson goals: Provide a brief history of direct legislation, its different types, arguments for and against it, and discuss some possible reforms.
1. Definition, please! ...What is “direct” democracy?
As discussed on page 4 in your AMGOV textbook, government can take many forms but a “key distinction between them is how widely power is shared among the citizens.” Direct democracy is government in which all or most citizens participate directly in public policy decisions. When the entire citizenry is empowered to share in decision making, power is obviously distributed widely. In Aristotle’s time (i.e., fourth century B.C.), direct democracy was present. The Greek city-state was quite small and citizenship and governing decisions were extended to all free adult male property holders. However, slaves, women, minors and those without property were excluded from participation in government. Fast-forwarding a bit, the people who settled the American colonies were shaped by monarchal rule and eventually rejected the ideas of absolute power and the divine right of kings. The colonists chafed under a system of power held by one person wielding singular authority… in other words, power was not at all widely shared. In the colonies, a form of “direct democracy” emerged: a structure of government in which citizens discuss and decide policy through majority rule. This initial form of direct democracy in the colonies revolved around town meetings, which were tolerated by the British rulers for the most part. In every colony, the colonists themselves decided who was eligible to participate in local governing. In a few communities, women and people of color who owned property participated in government, well before they were later granted formal voting rights under amendments to the federal Constitution. The American colonists who created town meetings approximated the Athenian ideal. This local “town meeting” form of direct democracy still exists in a few small communities. However, as towns have become larger and issues more complicated, most local governments have abandoned the pure town meeting in favor of representative democracy, sometimes called “indirect democracy.”
Many of the elite in the early years of post-revolutionary America were concerned about the dangers of direct democracy, despite the colonial experiment with town meetings. Many prominent citizens were uncomfortable with direct democracy because it conjured up Hobbesian fears of the common people and mob rule. Alexander Hamilton spoke of the imprudence of democracy and worried about the masses of the people who, in his view, seldom judge or determine right. James Madison believed that direct democracy offered no protection to the individual from the potential tyranny of the majority. Under the Constitution, direct democracy was rejected in favor government rooted in the consent of the governed whereby citizens elect leaders to represent their political interests. A representative democracy is commonly referred to as a republic, and the words democracy, indirect democracy, and republic are often used interchangeably. Interestingly, in the United States, we still pledge allegiance to our “republic,” not to a democracy.
At the national level, America is a representative democracy in which citizens select government officials via the ballot box but do not vote on federal legislation. Every policy decision is made by elected representatives, not the people directly, in federal matters. Twenty-four states, however, have varying provisions for direct democracy. California was the leader in building on the ideals of the New England town meetings to provide citizens with the tools to directly legislate. The origins of contemporary direct democracy can be traced to popular dissatisfaction with the state legislatures during the muckraking days around the beginning of the twentieth century. Especially popular in the West, the reformist Progressive movement sought to rid states of control by political bosses and “railroad machines” and bring power back to the people. In California, activist Dr. Haynes formed the Direct Legislation League in 1903 and began the “Let the People Decide” campaign in Los Angeles. Soon, California governor Hiram Johnson took up the Progressive cause. Your California Government and Politics Today text summarizes the Progressive movement and its legacy on page 23. As described in your text, among the most important achievements of the Progressives were the direct democracy powers that were placed in the hands of state voters. In California, these powers are known as the “RR&I,” the acronym for “Referendum, Recall, and Initiative.”
The Economist magazine reported on the history of direct democracy in their article “Origin of the Species”. Click here to link to this article.
2. RR&I
Of the three direct voices in California government, the initiative is the most well known and most frequently used. Your California Government and Politics Today textbook provides a summary of the initiative process, as well as the referendum and recall. Be certain to review pages 57 – 59 in your text for these descriptions. The three processes work in the same way: citizens circulate petitions to gather the required number of signatures to place the measure (an initiative, referendum, or recall) on the statewide ballot.
As you will read in your text, the direct initiative permits the people themselves to originate and pass laws, or even amendments to the state constitution, via the ballot without recourse to the state legislature. Usually this results from legislative neglect or opposition. In addition to the direct initiative, there is another type of this “people-powered” legislation termed the “indirect initiative.” With the indirect initiative, the legislature in not completely bypassed as in the case with the direct initiative. After the required number of signatures is gathered, the measure is submitted to the legislature rather than the voters. If the legislature approves the proposal, then the law is enacted without the cost and uncertainty of statewide balloting. However, if the legislature does not approve the proposed law, the indirect initiative would be submitted to the voters to accept or reject. California eliminated the indirect initiative process in 1963 via a successful initiative that established the direct initiative as the sole process. Laws passed via the direct initiative in California have a shield: no amendment or repeal can be made by the legislature without final approval by the voters.
The referendum allows voters a chance to directly reject or accept some legislative enactment. Unpopular bills may be blocked via this type of referendum, known as a “protest referendum.” However, some bills are not subject to referendum, such as those calling for elections, appropriating money for the normal expenses of the state, or special urgency/emergency measures. Refer to your text to learn why protest referenda are infrequently used as a direct democracy tool. In addition to the protest referendum, two other types show up on California ballots: the compulsory referendum and the voluntary referendum. The compulsory referendum is required for bond measures which have already received support of the legislature and state constitutional amendments proposed by the legislature. It is compulsory that these matters also be submitted to the voters. In addition to statewide compulsory referenda, local bond measures and city charter amendments must be placed on the ballot for consideration by community members. For example, the physical improvements being constructed on the Pierce College campus are funded by three bond measures approved by the LACCD Board of Trustees. In order for the financing bonds to be available, the Trustees’ three proposals also required (and received) approval by local voters. So-called “voluntary referenda” are measures placed on the ballot by the state legislature at its discretion. These might involve controversial issues which legislators place on the ballot for the people to decide… this process could be viewed as a genuine desire to let the people rule or a means of “passing the buck.”
Recall is a process allowing voters to remove from office any elected official prior to his/her term expiring. This option is based on the Progressives’ accountability-to-the-voters idea. Usually a state or local official has a six-month grace period after being elected to office, during which time no recall petitions may be circulated. This prevents a recently defeated candidate from immediately attempting to replay a just-completed election battle. The recall process originated in Los Angeles in 1903 as the “big stick behind the door” to be used to remove corrupt officials and is used most often at the local level. Be sure to read your textbook to discover the one time recall was successfully used against a sitting California governor even though there was no issue of corruption.
3. For and Against
Arguments for and against American direct democracy have divided political participants and observers since the founding days of our country. Because California is known for its many ballot initiative battles and is also viewed as a political learning laboratory, the pro v. con arguments often center on our state’s experiment with direct democracy. Your California Government and Politics Today text (pages 59 & 60) summarizes a few of the arguments made by both critics and champions of the RR&I. As you will read, the main concern is that direct democracy (especially the initiative) is used by special interest groups, not by “the people.” The high cost of petition circulation and proposition campaigns are well known. Many groups, except for highly organized and well-financed pressure groups, cannot afford the cost of direct democracy. So, many observers contend the original purpose of direct democracy to eliminate powerful economic interests’ control of government has been frustrated.
Some possible reforms to improve direct democracy in our state are highlighted in our textbook. The civic organization, Zocalo Public Square, has also taken an interest in whether California direct democracy would benefit from reforms. Be sure to watch the short Zocalo video listed below regarding a few recommendations to improve California’s direct democracy.
“Improving Direct Democracy in America” featuring Paul Jacob from Citizens In Charge Foundation. Click here for link.
And, finally, please read the following Los Angeles Times Op-Ed article which reveals how Californians feel about direct democracy in our state.
“17 state propositions? No way!” L.A. Times Op-Ed column, August 18, 2016, by Mark Baldassare
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Sample Exam Questions
Note: Sample questions are provided at the end of each lesson to help you prepare for the midterm and final exams. They are for your use and do not have to be answered and submitted to Connor Dawson
1. The initiative, referendum, and recall are examples of
a. direct democracy.
b. actions at New England town meetings.
c. representative democracy.
d. laws enacted by state legislatures.
e. laws enacted by the federal government.
2. When Californians themselves originate and pass laws, the process they use is called the
a. indirect initiative.
b. direct initiative.
c. legislative initiative.
d. gubernatorial initiative.
e. A and B but not C and D.
3. With a successful initiative, voters
a. originate a law.
b. disapprove a judicial decision.
c. remove an office-holder.
d. repeal legislation.
4. When voters remove from office any elected official prior to her term expiring, the process is called
a. a protest referendum.
b. a compulsory referendum.
c. recall.
d. an initiative.
5. The initiative
a. requires signatures equaling at least 5% of the votes cast in the last gubernatorial election.
b. requires registered voter signatures to be collected within 150 days.
c. may amend the constitution if signatures equal at least 8% of the votes cast in the last gubernatorial
election.
d. All of the above.
6. Direct democracy is
a. also known as representative democracy in which citizens elect leaders to represent them.
b. commonly referred to as a republican form of governing.
c. government in which all or most citizens participate in public policy decisions.
d. All of the above.
7. The U.S. Constitution empowered a “direct democracy” form of federal government.
a. True
b. False
8. California voters participate in both indirect and direct initiatives.
a. True
b. False
9. Local voters approved three bond measures to finance new construction at Pierce College via a
a. direct initiative.
b. protest referendum.
c. compulsory referendum.
d. voluntary referendum.
10. Probably the most valid criticism of direct democracy is that
a. high costs empower well-financed special interests and disadvantage the common citizen.
b. the process is unfair as business groups are not legally permitted to participate.
c. this type of governing is available at the federal level, but not within the states.
d. All of the above.
11. The “Origin of the Species” article in The Economist opines that California’s direct democracy
a. aids compromise.
b. is designed to be confrontational.
c. prevents tyranny by the majority.
d. encourages competing special interests to seek consensus.
12. As advocated in the Zocalo Public Square video, the Citizens In Charge Foundation believes that
a. California’s form of direct democracy is a failure.
b. direct democracy should be replaced with representative democracy.
c. direct democracy could be improved by being more accessible to the average citizen.
d. voters should be able to overturn rights guaranteed in the Bill of Rights.
e. All of the above
13. As discussed in the L.A. Times Op-Ed column by Mark Baldassare, Californians consistently favor retention of the initiatives on the ballot.
a. True
b. False
14. Mark Baldassare’s report in the L.A. Times revealed that about two-thirds of the propositions placed on the state ballot since 2000 have been approved by the voters.
a. True
b. False
15. Which of the following reforms would Californians favor regarding the initiative in our state?
a. Fewer measures to vote on per ballot.
b. Establishing an independent commission to offer pro and con opinions regarding initiatives.
c. Televised debates on ballot initiatives.
d. All of the above.
e. A and C but not B.