Page:American Journal of Sociology Volume 10.djvu/735

 POPULAR INITIATIVE 719

Union, with the exception of Delaware. It was established by the earliest English colonists. The first constitution in America submitted to the people for ratification was that submitted by the general court of Massachusetts Bay in 1778. It was rejected, but two years later the constitution in force in Massachusetts today was drawn by die convention and ratified by a two-thirds vote. That seemed to establish a precedent, New Hampshire approving of a constitution very soon after in the same manner; and since 1821, when the first constitution of New York was submitted to the popular vote, the practice has been universal.

But this referendum does not grant any direct law-making privileges to the people; it simply gives the people the oppor- tunity of approving or rejecting certain kinds of laws enacted by their representatives. Right here is where the initiative rushes madly forward and proposes that the voters themselves have the power of legislating. As before explained it will bear repeti- tion it is proposed by constitutional amendment to make it possible for any voter, or collection of voters, large or small, to propose a state law ; to circulate a petition that such a law shall be submitted to the electors at the next election, and, by securing the signatures of a number equal to from 5 to 15 per cent, (as proposed at different times) of the votes cast at the last elec- tion to make it mandatory upon the election authorities to place the question upon the ballot. If a majority of the votes cast upon the question are affirmative, it becomes a law, and the action of the majority is final. This means that the governor shall have no power of veto, such power being reserved to the majority vote. Should the law be in conflict with the constitution, still it could not be overruled by the Supreme Court ; " the people " that is, the majority voting are the masters, and from their decision there can be no appeal. Says Parsons, previously quoted : " He is the sovereign whose will is in control."

Probably most of those who read this will exclaim : " But an amendment to the constitution, granting the simple right of initiative, does not repeal all other parts of the constitution, includ- ing those defining the judiciary and executive powers!" This can truly be said, but with the power of that initiative the voters