467. CONTROL THROUGH THE AMENDING PROCESS.—The powers and duties of public officials may be partially controlled through the formal amending process. In all states except New Hampshire the constitution may be amended through legislative action, subsequently ratified by popular vote. About two thirds of the states also provide for amendment by a constitutional convention composed of delegates elected by the voters. In a number of states, as we shall see a little later, constitutional amendment may also be secured by means of the Initiative and Referendum.
The Federal Constitution may be formally amended in four different ways. The two most important methods are, first, by a two-thirds vote in each house of Congress, and second, by a convention called by Congress upon application of the legislatures of two thirds of the states. In either case the amendment must be ratified by the legislatures of three fourths of the states.
The formal amending process is an important part of our governmental machinery, but as a method of popular control it is open to a number of criticisms. It is slow. It is indirect, for the people must rely chiefly upon their legislatures. Constitutional amendment cannot remedy all of the abuses of office. Furthermore, it is too drastic and far-reaching a remedy for many of the minor abuses of office.
B. DIRECT METHODS or CONTROL
468. THE INITIATIVE.—In more than a third of the states popular discontent with the state legislature, together with the growing self- confidence of the voters, has led to the adoption of the Initiative. The Initiative is a device whereby any person or group of persons may draft a statute, and, on securing the signatures of a certain percentage of the voters, compel the state officials to submit the measure to popular vote. If at this voting the measure secures the required popular approval, it becomes law.
When the measure is submitted to the voters directly after the fulfilment of the petition requirements, the device is known as the Direct Initiative. When, after passing the petition stage, the measure goes to the legislature and does not come before the people at the polls unless the legislature fails to accept it, the device is known as the Indirect Initiative. In a dozen states, chiefly in the West, the Initiative is also used to propose amendments to the state constitution.
469. THE REFERENDUM.—Early in our national history, it became an established principle that proposed constitutions or constitutional amendments should be referred to the voters for ratification. Of recent years about a third of the states, chiefly in the West, have extended the referendum device to cover ordinary legislation. This type of referendum may be defined as a plan whereby a small percentage of the voters may demand that practically any statute passed by the legislature must be submitted to the voters and approved by a specified majority before going into effect. [Footnote: A few types of laws are not subject to the Referendum.]
The Referendum is variously applied. In the Compulsory Referendum, which is the most common form, a measure must be submitted to the people whenever a designated number of voters petition that this step be taken. The Optional Referendum allows the state legislature to decide whether or not an enacted measure should be submitted to the people. The Statutory Referendum applies only to proposed statutes, while the Constitutional Referendum is limited to proposed amendments to the state constitution.
470. DIRECT LEGISLATION.—The Initiative and the Referendum are found together in more than a dozen states. The two devices are supplementary: the Initiative is a positive instrument which may be used to set the wheels of direct legislation in motion; the Referendum is a negative measure which gives the people a potential veto on laws passed by the legislature. The Initiative and the Referendum are known collectively as Direct Legislation, that is, legislation directly by the people, as opposed to legislation enacted entirely through the legislature.
471. ADVANTAGES CLAIMED FOR DIRECT LEGISLATION.—Important advantages are claimed for Direct Legislation. It is declared that the Initiative and Referendum keep lawmaking from being dominated by special interests. Because it constitutes a check upon constitutional conventions and state legislatures, Direct Legislation is said to make government more truly responsive to public opinion. It is claimed that Direct Legislation does not supplant, but rather supplements, improves, and renders more democratic, the formal legislative machinery. In several states, and especially in Oregon, it is claimed that the device stimulates political interest on the part of the voters. In Oregon the authorities print a pamphlet containing a statement of proposed laws, and summarizing the arguments of both advocates and opponents of each measure. Some weeks before the measure is to be decided at the polls this pamphlet is sent at public expense to every registered voter in the state.