The Public


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The Public


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Direct Democracy and the Courts


Book Description

Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders - the people, through direct democracy, and the courts. Now available in nearly half the states, direct democracy has surged in recent decades. Through ballot measures, voters have slashed taxes, mandated government spending, imposed term limits on elected officials, enacted campaign finance reform, barred affirmative action, banned same-sex marriage, and adopted many other controversial laws. In several states, citizens now bypass legislatures to make the most important policy decisions. However, the 'people's rule' is not absolute. This book demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.




The Yale Review


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The Evolution of American Legislatures


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The institutional development of American legislatures, beginning with the first colonial assembly of 1619, has been marked by continuity as well as change. Peverill Squire draws upon a wealth of primary sources to document this institutional history. Beginning with the ways in which colonial assemblies followed the precedents of British institutions, Squire traces the fundamental ways they evolved to become distinct. He next charts the formation of the first state legislatures and the Constitutional Congress, describes the creation of territorial and new state legislatures, and examines the institutionalization of state legislatures in the nineteenth century and their professionalization since 1900. With his conclusion, Squire discusses the historical trajectory of American legislatures and suggests how they might further develop over the coming decades. While Squire's approach will appeal to historians, his focus on the evolution of rules, procedures, and standing committee systems, as well as member salaries, legislative sessions, staff, and facilities, will be valuable to political scientists and legislative scholars.




The Referendum in America


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Quarterly Bulletin


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