Politics in States and Communities (15 Ed.) Thomas Dye and Susan MacManus Edited by Bob Botsch for USC Aiken

Chapter 2 Democracy and Constitutionalism in the State

Learning Objectives Trace the constitutional tradition in the states, and list the ways in which constitutions limit governments and influence politics at the state level. Describe the key features that state constitutions share and the limits that they place on state governments. Examine the various methods used to change state constitutions: legislative proposals, popular initiatives, constitutional conventions, and constitutional commissions. Trace the development of direct democracy in the states, assess the effectiveness of its variants, and compare it to representative democracy. Evaluate whether direct or representative democracy is a better approach for governing the states. Discuss how state initiatives have been used to move public policies in both liberal and conservative directions, and assess the current ideological trend of state initiatives. Evaluate whether the proliferation of initiatives and initiative campaigns in some states is problematic, and trace efforts to institute congressional term limits through the initiative process. © 2014 Pearson Education, Inc. All rights reserved.

Constitutional Government in the States All 50 states have constitutions. The state constitutions –govern governments –set government structure and organization –distribute powers among branches of the government –prescribe the rules by which decisions are made –limit the powers of government and protect the rights of citizens

© 2014 Pearson Education, Inc. All rights reserved. Background of Constitutions (1/2) Limited Government –Basis for freedom: In our political heritage, the power of government over the individual is clearly limited, with aspects of life governments cannot regulate or interfere with. Legal Status –State constitutions are the supreme law of the state and only subordinate to the U.S. Constitution.

© 2014 Pearson Education, Inc. All rights reserved. Background of Constitutions (2/2) Origins of Written Constitutions –The Magna Carta in 1215 and colonial charters in the new world Colonial History –Rights from property to people: Royal action institutionalized charters and constitutions by recognizing proprietary rights for companies, for established governments, and finally for citizens themselves.

State Constitutions: General Information (1/2) State Constitutions: General Information (1/2)

State Constitutions: General Information (2/2) State Constitutions: General Information (2/2)

© 2014 Pearson Education, Inc. All rights reserved. State Constitutions: An Overview Bill of Rights Separation of Powers Weak Governors Legislative Powers Local Governments Interest Group Regulation Taxation and Finance Debt Limitation

State Gun Law Restrictiveness and Firearms Death Rate

© 2014 Pearson Education, Inc. All rights reserved. How to Change a State Constitution Legislative Proposal–the most common method; an amendment is passed by the legislature and put to the voters in a referendum Popular Initiative–citizens can bypass the legislature for a direct vote if they obtain a requisite number of petition signatures Constitutional Convention–has lost favor as a method Constitutional Revision Commissions–rarely used but effective when attempted

Success of State Constitutional Amendments by Method of Initiation

State Constitutional Amendments by Legislatures (1/2)

State Constitutional Amendments by Legislatures (2/2)

© 2014 Pearson Education, Inc. All rights reserved. Democracy in the States Democracy–refers to popular participation in government Direct democracy–means that the people themselves can initiate and decide policy questions by popular vote Republicanism–involves decision making by representatives of the people

© 2014 Pearson Education, Inc. All rights reserved. Direct Democracy (1/2) Developed in states and communities following a strong populist movement The populist and progressive reform movement –introduced a range of devices to bypass political institutions and encourage direct participation, e.g. primaries, nonpartisan elections –supported women’s suffrage, civil service, and restrictive immigration laws –were responsible for adoption of the three forms of direct democracy

© 2014 Pearson Education, Inc. All rights reserved. Direct Democracy (2/2) The three forms of direct democracy are Initiative–a percentage of voters, using a petition, may have a law or amendment placed on the ballot without legislative involvement Referendum–electorate must approve legislative decisions before they become law Recall–allows voters to remove an elected official before the end of his or her term

© 2014 Pearson Education, Inc. All rights reserved. Initiative and Recall in the States

© 2014 Pearson Education, Inc. All rights reserved. Direct Versus Representative Democracy The U.S. Constitution does not provide for direct democracy measures, but many state constitutions do allow direct voting in popular initiatives and referenda voting. Arguments for Direct Democracy –enhances government responsiveness and accountability –allows citizen groups to bring their concerns directly to public –stimulates debate about policy issues –stimulates voter interest and improves election-day turnout –increases trust in government and diminishes alienation

© 2014 Pearson Education, Inc. All rights reserved. Direct Versus Representative Democracy Arguments against Representative Democracy –Opponents of direct democracy believe representative democracy better protects individual liberties and rights of minorities. –Popular things are not always wise, e.g. cutting taxes without considering lost services The Decline of Representative Government –With state legislatures and governments perceived as largely unresponsive, unethical, and dominated by special interests, popular participation in government is widely supported among the public.

© 2014 Pearson Education, Inc. All rights reserved. Keys Areas of State Initiative Efforts Tax Limitation Crime and Drugs Abortion and Physician-Assisted Suicide Same-Sex Marriage Education and School Vouchers Affirmative Action and Racial Preferences Immigration Redistricting Eminent Domain

© 2014 Pearson Education, Inc. All rights reserved. State Votes on Selected Propositions in the 2000s

© 2014 Pearson Education, Inc. All rights reserved. State Votes on Selected Propositions in the 2000s (Continued)

© 2014 Pearson Education, Inc. All rights reserved. Initiative Campaigns Initiative campaigns have become more sophisticated and costly. They are often sponsored by “special interests”–specific businesses or industries; religious organizations; environmental groups; and public interest groups. Opposition campaigns to initiatives may also be well funded by organized interests.

© 2014 Pearson Education, Inc. All rights reserved. Term-Limited State Legislators

© 2014 Pearson Education, Inc. All rights reserved. On the Web Center for State Constitutional Studies at Rutgers-Camden The NBER/Maryland State Constitutions Project Initiatives and Referendum Institute at the University of Southern California