Direct Democracy and the Courts

This book analyzes the conflict between two rising powers - direct democracy and the courts.

Kenneth P. Miller (Author)

9780521747714, Cambridge University Press

Paperback, published 31 August 2009

286 pages, 8 b/w illus.
23.4 x 15.5 x 1.7 cm, 0.41 kg

'Direct Democracy and the Courts is a timely and important contribution, unveiling the inherent tension between popular sovereignty as expressed by citizen lawmakers and the counter-majoritarian check of the judiciary. Scholars – as well as activists battling over ballot initiatives, such as California's Proposition 8 and other gay marriage measures – would be wise to read Miller's crisply reasoned and well-documented book.' Daniel A. Smith, University of Florida and author of Tax Crusaders and the Politics of Direct Democracy and Educated by Initiative

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.

Introduction: a clash of rising powers: Part I. The Quest for Majority Rule: 1. The epic debate
2. Direct democracy gathers force
Part II. Countering the Majority: 3. The counter-majoritarian power
4. The courts at work
5. Conflicts over rights
6. Conflicts over powers
Part III. The Majority Strikes Back: 7. The people's check on the courts
Conclusion: a new constitutional equilibrium
Appendix.

Subject Areas: Law [L], Politics & government [JP]