Lawmaking By Initiative

This book describes the history of the initiative process and the major issues that have arisen during its increasing use in recent years. By elucidating the problems that have arisen and their possible solutions, the authors seek both to inform the debate about the wisdom of the initiative and to offer suggestions for improvement to jurisdictions that choose to use the process. With the aid of more than 40 charts and tables, the authors compare the major features of the initiative in the American jurisdictions that have adopted the procedure-24 states and the District of Columbia. They draw particularly on the experience in California, the most frequent U.S. user of the initiative and a major battleground in the development of ideas about the process. The book also discusses the use of the initiative in other countries, particularly Switzerland, where the process originated and the only other major country in the world that makes extensive use of the initiative today.

There is little doubt that in recent years the initiative process has become one of the most important mechanisms for altering and influencing public policy at every level of government. In the last two years alone, utilizing the initiative process, citizens were heard on affirmative action, educational reform, term limits, tax reform, campaign finance reform, animal protection, drug policy reform, and the environment. However, the initiative process has fallen prey to its own success. Lawmakers who have been most affected by this citizen's tool have struck back by imposing new regulations on the process -- regulations that serve no purpose but to deprive the citizens of the only avenue available to them to reign in unresponsive government. These regulations have generated many questions that have so far remained unanswered or have been discussed only in specialist journals. There are legal questions about signature gathering and limits on campaign spending, political questions about implementing the relevant statutes, and philosophical questions about equality and freedom of expression. The Battle Over Citizen Lawmaking discusses the evolution of the initiative and referendum process, the need for the process, how it has been utilized, the impetus for new regulations, the major regulations that have been imposed, the role the courts have played in regulating the initiative and referendum process, what role money plays, and how the process has been regulated in other countries. This book comprehensively addresses these issues from the viewpoint of leading scholars, opinion leaders, journalists, elected officials, activists, and attorneys. "Dane Waters has done a commendable job in bringing a focus to an edited book project that provides a new perspective on the growing literature on direct democracy. The emphasis on a legal perspective may even help bring the topic to greater attention in classes on law and politics." -- The Journal of Politics, February 2002

"This body of research not only passes academic muster but is the best guidepost in existence for activists who are trying to use the ballot initiative process for larger policy and political objectives." --Kristina Wilfore, Executive Director, Ballot Initiative Strategy Center and Foundation Educated by Initiative moves beyond previous evaluations of public policy to emphasize the educational importance of the initiative process itself. Since a majority of ballots ultimately fail or get overturned by the courts, Smith and Tolbert suggest that the educational consequences of initiative voting may be more important than the outcomes of the ballots themselves. The result is a fascinating and thoroughly-researched book about how direct democracy teaches citizens about politics, voting, civic engagement and the influence of special interests and political parties. Designed to be accessible to anyone interested in the future of American democracy, the book includes boxes (titled "What Matters") that succinctly summarize the authors' data into easily readable analyses. Daniel A. Smith is Associate Professor of Political Science at the University of Florida. Caroline J. Tolbert is Associate Professor of Political Science at Kent State University.

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.

This book explores why some members of Congress are more effective than others at navigating the legislative process and what this means for how Congress is organized and what policies it produces. Craig Volden and Alan E. Wiseman develop a new metric of individual legislator effectiveness (the Legislative Effectiveness Score) that will be of interest to scholars, voters, and politicians alike. They use these scores to study party influence in Congress, the successes or failures of women and African Americans in Congress, policy gridlock, and the specific strategies that lawmakers employ to advance their agendas.