Politics: US Direct Democracy

-It allows voters to have a direct say in framing laws - it represents a 'purer form of democracy'.

-It allows variation in laws between different types of states that reflect their different political priorities and complexion.

-It improves the accountability of state-level officials between elections, especially where promises have been broken or their actions have produced strong opposition.

-It adds an additional check and balance to state executives and legislatures between elections.

-It increases opportunities for political participation. It also provides additional opportunities for pressure groups to get involved in decision-making, e.g. the NRA publicly backed a 2014 measure in Alabama to strengthen Second Amendment rights.

-Direct democracy is popular in the US - there was a total of 120 measures on ballots in 2020 including 13 in California alone. It can cover issues where parties and individual candidates have not made a prior promise.

-The most high-profile recall bid in recent years was that in 2012 for Wisconsin's Republican governor, Scott Walker.

-This was in opposition to legislation that curtailed the bargaining rights of public sector workers.

-Although enough signatures were collected to force this, Walker survived.

-The last governor, and only the second ever in US history, to be successfully removed in one of these was Gray Davis for California.

-He was replaced by Arnold Schwarzenegger, also known as the 'Governator'.

-A California state judge, Aaron Persky, was successfully recalled in 2018 - this was due to his comments and the leniency of a sentence handed out to a Stanford University student found guilty of sexual assault.

-There is no constitutional provision for national referendums or for the recall of federal judges such as those in the Supreme Court, nor of the president and members of Congress.

-The laws concerning direct democracy also vary considerably from state to state.

-California is the most high-profile state to make frequent use of ballot initiatives, and where the most campaign money is spent.

-They have been held over a vast array of issues including the legalisation of marijuana, same-sex marriage, expanding Medicaid and restoring voting rights to ex-felons.

-The compulsory wearing of condoms by actors appearing in adult movies also featured on the list of California's ballot initiatives in 2016.

-They are the most significant and widely used form of direct democracy in the US.

-There is the added complexity of federalism, meaning significant differences between states, and also the issue of money.

-Even getting an initiative on the ballot takes time and money - so most ballot measures are therefore the product not so much of ordinary citizens but of interest groups.

-It takes money and organisation to collect the thousands of signatures often required to get an initiative on the ballot.

-Many groups employ professional petition consultants to collect signatures from eligible voters - for example, by going door to door or visiting a shopping mall.

-In 2020, the total raised on campaigning over direct democracy measures was close to $1.2 billion.

-Over $220 million was spent on a single California ballot initiative alone, to do with whether app-based taxi drivers, e.g. those who worked for Uber, should be classified as employees.

-It can lead to the 'tyranny of the majority', namely voters passing laws that negatively impact on a minority, e.g. requiring driving tests to only be in English.

-It can lead to inconsistencies and variations in laws between states, e.g. with same-sex marriage before the Obergefell verdict.

-It is often simply a political tactic used by 'sore losers', or those unhappy with specific policies. It also undermines representative government.

-Many would argue there are enough checks and balances already as governors have a veto. It simply adds another opportunity for stalemate and stalling over important issues. It can also limit the ability of state governments to do their job properly.

-It promotes 'democratic overload' and makes many ballots long and complicated, and so arguably depresses participation. Many would argue that pressure groups already have too much influence in US politics. It also adds to the overall cost of US elections.

-Turnout is often low, and parties often exploit direct democracy to influence the outcome of other elections. For instance, in 2018 in North Dakota, Democrats used an initiative on the legalisation of cannabis to attract young voters and liberals to vote for incumbent Democrat senator Heidi Heitkamp. On the other side, Republicans appealed to anti-immigrant instincts and introduced an initiative that would make it illegal for non-citizens to vote in North Dakota elections.

-Ordinary voters may not always fully understand complex laws. They may also vote for unsustainable measures such as cutting state taxes while increasing spending on public services, which can lead to huge budget deficits.

-Legislatures in every state regularly refer state constitutional amendments to voters.

-In 2018, one example was in Alabama where 78% of voters supported an amendment to the state constitution allowing the display of the Ten Commandments in state courthouses.

-In addition, around half of states allow groups who can collect enough signatures, the ability to demand a vote asking for an existing law to be vetoed.