Referenda and state government
October 12, 2009 04:27 PM Filed in: Referenda
As reported in Saturday's New York Times (click
here), in a speech on Saturday,
"the chief justice of the California Supreme
Court scathingly criticized the state's reliance
on the referendum process, arguing that it has
'rendered our state government dysfunctional.'"
The article continues, "[t]he state is unusual,
he said, because it prohibits its Legislature
from amending or repealing many types of laws
without voter approval, essentially hamstringing
that body — and the executive branch . . . .
Justice George’s remarks come at a time of
severe budget crisis in California stemming from
a variety of factors, including mandates from
ballot initiatives. Several groups on the left
and the right are clamoring for changes to the
state’s Constitution, including reining in of
the direct democracy that has defined much of
how the state operates."
The speech highlights potential tensions between referenda, on the one hand, and representative government by the judicial, legislative, and executive branches, on the other.
These issues are in play in Ohio, too, as illustrated by the LetOhioVote.org case discussed in a previous blog post (click here) and by the three issues that are on the Ohio ballot this fall (click here).
The speech highlights potential tensions between referenda, on the one hand, and representative government by the judicial, legislative, and executive branches, on the other.
These issues are in play in Ohio, too, as illustrated by the LetOhioVote.org case discussed in a previous blog post (click here) and by the three issues that are on the Ohio ballot this fall (click here).
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