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February 28, 2006

The Case Against Ballot Initiatives

by at 11:08 am.

MassMarrier has a post about a new anti-gay initiative in Washington state. He points to a quote from the Seattle Times:

“After all, what are rights if they can be voted up one year and down the next?” said Brian Silver, a Michigan State University professor of political science. [emphasis mine]

This is the sticking point. Traditionally, the opinions of we the people are far behind when the laws on civil rights have changed - which have been often prompted by judicial review. Yes, those pesky activist judges overturned segregation, allowed interracial marriages (which were illegal in many states until the SC ruled those laws unconstitutional in 1967), protected our right to birth control…no one would now disagree those were correct rulings. Yet at the time they provoked huge opposition - in the case of segregation, even violence. If interracial marriage were left up to a ballot initiative in most states back in the 60s, would those laws have been dissolved? In most states, I highly doubt it.

Once again, the opinion of a large portion of the country is on the wrong side of rights. Once again (at least in Mass) the judicial branch took a hard look at the constitution (in this case, of the state) and said, you are in violation of your own set of rights by denying gays the right to marry. Are we supposed to let the majority decide the rights of a minority? MassMarrier puts his finger on it: “Letting a plebiscite decide on minority citizens’ rights has a stinking, shameful history in this country, and in many others. The process most decidedly needs exemptions to protect us from us.”

We need to fix the ballot initiative process in this state (and most others). What seems to be the ultimate exercise in democracy can become the opposite - the tyranny of the majority. There needs to be a limitation on what we the people can do directly. Or else we could face a future where rights are fluid and change with the opinions of a majority. For a ridiculous but illuminating example, what would happen if suddenly we blamed all our troubles on people with red hair and blue eyes? Well the answer is simple! Take away their civil rights with a ballot initiative!

It could happen. It already is to gays. Are you next?

5 Responses to “The Case Against Ballot Initiatives”

  1. Shawn Says:

    lol..
    Nobody likes ballot initiatives when they are on the other side (I’m not on either side of the gay rights, issue, just initiative petitions themselves).

    The proposed initiatives have to go judicial review before being approved for the ballot. Both sides of an issue get to explain their point of view on the issue. A huge number of people must sign petition forms to get the things approved (not to mention the rediculous rules regarding protection of the forms)

    The bigger problem is when a law is passed, and then ignored by the government.

    Proposition 2-1/2 has been the only thing keeping our towns and state government in check.

    Without it, there would never have been state mandates to provide local aid and education reform money (the towns would have just kept pushing up their tax rates.. as had been happening for years.. remember “taxachusetts”?).

    The initiative petition process was not designed to provide a “majority is right” situation. It is designed to protect the people from an oderous government.

    It still works pretty well. I’m sorry, but when some issues are still so controvesial, sometimes the people need to be able to have their say directly.. and if they can rally together enough.. they deserve that right.

    The funny thing was that the state government immediately ignored “clean elections” (of which I did not agree, but accepted the will of the voters), yet they refuse to fix the “leg trap” law that has created an ecological disaster where beavers have been destroying entire sections of towns (the homes of poor and middle class people).

  2. Mr Lynne Says:

    The success of initaitives tend to be a function of spending. As such they tend to be a better tool for big-moneyed special interests than for civic-minded issue advocates. It has even spawned a cottage industry of marketers specializing in ballot initiatives. This is just another avenue for money to influence politics.

    A couple of related articls:

    http://www.thirdworldtraveler.com/Political/Laws_Sale.html
    http://reclaimdemocracy.org/corporate_speech/overturn_bellotti_initiatives.html
    http://www.realdemocracy.com/bole.htm

  3. Tim Little Says:

    Ballot iniaitives can definitely serve a legitimate public purpose if they are used sparingly and wisely — such as in the case of Prop 2-1/2. Like any good tool, however, the process is susceptible to abuse. My gripe is that, of late anyway, this abuse seems to be much more commonplace. To wit: the marriage definition amendment initiative here and this crazy evolution proposal out in Nevada — http://www.boston.com/news/nation/articles/2006/03/01/nev_proposal_raises_evolution_questions/

  4. Mr Lynne Says:

    If special interests can almost always outspend anyone they want to, then ballot initiatives are almost never a good idea.

    Special interests can almost always outspend anyone they want to.

    Ergo… ballot initiatives are almost never a good idea.

    The real problem is that the alternative way of governing, i.e. representation, has already shown itself vulnerable to special interests’ deep pockets as well.

  5. Mr Lynne Says:

    Look at those initiatives that seem to ‘work’ for the people and you will find issues for which deep pocketed interest have no (or not much of a) stake in.

    The danger isn’t that well meaning citizens will not be able to start an initiative, it’s that moneyed interests will win them.

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