Proper Safeguards for the Initiative and Referendum Petition

W. A. Schnader

American Political Science Review, 1916, vol. 10, issue 3, 515-531

Abstract: There is probably no problem in connection with the practical operation of the initiative and referendum on which opinions differ so widely as upon that of the proper safe-guarding of the petition. In every direct legislation State a petition is required to invoke either the initiative or the referendum; and in practically every State certain safeguards have been established either by constitutional provision or by statutory enactment, to prevent the initiative petition from being prostituted by unscrupulous enemies of direct legislation or by those whose zealous advocacy of the initiative and referendum overbalances their judgment.At the outset, there is one proposition upon which all fairminded students of government will agree, namely, that if the initiative and referendum has been established in a state constitution as a part of the State's governmental machinery, its operation should not be impaired or destroyed by indirection. Let the enemies of direct legislation openly endeavor to abolish it by amending the constitution; but failing in this purpose, they should certainly not so hobble the initiative and referendum petition under the guise of safeguarding it, as to nullify the institution itself. The framework of government should not thus be made the victim of political tricksters. Accordingly any provision ostensibly to protect the petition from misuse, which in reality aims to prohibit its legitimate use, is utterly improper and unfit.

Date: 1916
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