The initiative : citizen lawmaking / Joseph F. Zimmerman.

Format:

Book

Author/Creator:

Zimmerman, Joseph Francis, 1928-2022, author.

Language:

English

Subjects (All):

Referendum--United States.

Referendum.

Physical Description:

1 online resource (250 p.)

Edition:

Second edition.

Place of Publication:

Albany, New York : SUNY Press, 2014.

Language Note:

English

Summary:

The initiative is the product of the populist movement, which in the late nineteenth century sought to increase voter control of what were viewed as unrepresentative state and local governments. Today, twenty-four states allow registered voters to place proposed state laws on the referendum ballot, and eighteen states authorize voters to place proposed state constitutional amendments on the referendum ballot by collecting a specified number of valid voter signatures. Numerous local governments have a charter provision or a state law provision allowing voters to employ the popular lawmaking device. In The Initiative, Second Edition, Joseph F. Zimmerman traces the origin and spread of the initiative in the United States. The initiative has been a controversial device since first being introduced in South Dakota in 1898, with arguments both in support and in opposition. Zimmerman examines and evaluates both the legal foundation of the initiative, and the arguments against its use. He then concludes with a chapter that develops model constitutional, statutory, and local government charter provisions to assist jurisdictions and their voters contemplating adoption of the initiative or amendment of already existing constitutional, statutory, and charter initiative provisions.

Contents:

""Contents ""; ""List of Illustrations ""; ""Preface ""; ""Acknowledgments ""; ""Chapter 1: Citizen Lawmaking ""; ""Origin and Spread of the Initiative""; ""The Initiative ""; ""Views of Advocates and Critics ""; ""Advocates ""; ""Critics ""; ""The Initiative and Democratic Lawmaking ""; ""Chapter 2: The Legal Foundation ""; ""Restrictions on Use ""; ""Judicial Interpretation ""; ""Petition Requirements ""; ""Conference with Sponsors ""; ""Ballot Title and Summary ""; ""Estimate of Cost ""; ""Printing of Petitions ""; ""Signature Requirements and Deadline ""; ""Paid Petition Circulators ""

""Withdrawal of Signatures """"Petition Verification ""; ""Voter Information Pamphlets ""; ""A General or a Special Election? ""; ""Approval Requirements ""; ""Amendment and Repeal ""; ""Summary ""; ""Chapter 3: The Initiative in Court ""; ""Legal Issues ""; ""Scope of the Initiative Power ""; ""Resident Petitioner Circulators ""; ""Solicitation of Signatues on Postal Property ""; ""Petition and Handbill Circulators ""; ""Signature Solicitation on Private Property ""; ""Privacy of Petition Signers ""; ""Petition Signatures Requirements ""; ""Petition Fraud ""; ""Single Subject Requirement ""

""Number of Ballot Questions """"Ballot Language ""; ""Congressional Preemption ""; ""State Preemption ""; ""Limited Constitutional Convention ""; ""Excluded Subjects ""; ""Legislative Reapportionment ""; ""Legislative Organization and Rules ""; ""Balanced Federal Budget ""; ""Initiative Campaign Finance ""; ""Financial Disclosure ""; ""Required Approval Majority ""; ""Equal Protection Rights ""; ""Radioactive Wastes ""; ""Summary ""; ""Chapter 4: Initiative Campaigns ""; ""State Initiative Propositions ""; ""Early Use ""; ""More Recent Use ""; ""Environmental Protection ""

""Legislative Procedures """"Term Limits ""; ""Tax Limits ""; ""Cigarette Excise Tax ""; ""Homosexual Rights and Same-Sex Marriage ""; ""Undocumented Immigrants ""; ""Assisted Suicide ""; ""Medical Use of Marijuana ""; ""Affirmative Action ""; ""Bilingual Education ""; ""Minorities ""; ""Gambling ""; ""Gun Control ""; ""Campaign Finance ""; ""Eminent Domain ""; ""Local Initiative Propositions ""; ""Summary ""; ""Chapter 5: The Initiative: An Evaluation ""; ""Arguments in Favor ""; ""The Sovereign Citizen ""; ""More Representative Legislative Bodies ""; ""Facillitates Major Reforms ""

""Enhanced Citizen Participation Opportunities """"Increased Citizen Interest in Public Affairs ""; ""Educational Function ""; ""Shorter Constitutions and Charters ""; ""Arguments in Opposition ""; ""An Undemocratic Process ""; ""Destruction of Distinction between Constitutional and Statutory Law ""; ""Two Coordinate Law-Making Bodies ""; ""Poorly Drafted Laws ""; ""Legislators Enact Better Laws ""; ""Propostions Poorly Coordinated with Other Statutes ""; ""Focus on Single Issues ""; ""Oversimplication of Issues ""; ""Campaigns Mislead the Public ""; ""Confusing Proposition Wording ""

""Use by Special Interests ""

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781438453392

1438453396

OCLC:

893679932