Modern states are far too large and complex for direct democracy. Since it would be hugely impractical for the people, as a whole, to decide on everything from the size of foreign aid budgets to new environmental regulations, they delegate the business of government to elected representatives....By the way, the U.S. Constitution prescribes the specific method for legislating and amending the Constitution, and that excludes the referendum as a check on Congress, but there is also an argument that the state-level referendums violate the U.S. Constitution. In 1912, the U.S. Supreme Court announced that it was not the proper role of the courts to give an answer to that particular question of law, and referendums have continued ever since. What a missed opportunity!
[I]n practice bodies of elected representatives so often seem to devolve into corrupt, complacent and long-lasting oligarchies. Anger at the shenanigans of the political class has helped keep the old suspicions alive right down to the present day, and has led, in democracies across the world, to countless institutional schemes designed to keep elected representatives in check: “imperative mandates” (detailed orders for how to vote in parliament, drawn up and approved by constituents); term limits; making the job part-time; judicial oversight; etc. The single most popular such scheme, however, has been the referendum....
[But referendums] take relatively technical issues away from legislators who have the time and expertise to deal with them, and give them to voters who do not....
[Referendums] tie the hands of legislators in potentially destructive ways....
[R]eferendums tarnish the legitimacy of legislators by subjecting their work to direct popular veto, and therefore casting it as a less genuine expression of popular sovereignty—despite the fact that the routine functioning of a democratic constitution is the most important expression of this sovereignty.
Thursday, November 3, 2011
"The Case Against Referendums: From Greece to California, They Always End Up Undermining Democracy."
David Bell in TNR:
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