Initiative
INITIATIVE
Initiative is the practice by which legislation may be proposed and voted on directly by the people (rather than their representatives). Its adoption was an important element of the Progressive era political reform movement. Of some twenty states that now use the initiative all but Alaska adopted it before 1919. Initiative makes possible enactment of legislation that contravenes the class interest of politicians—such as tax reduction and limitation on public expenditure.
Restrictions on the initiative process, such as a requirement for an extraordinary majority to enact housing legislation, have been held to violate the equal protection clause of the fourteenth amendment when the Justices were convinced that the intent was to disadvantage racial minorities.
Although the people of a state may reserve a portion of the legislative power, they may not, by initiative, directly exercise powers (for example, ratification of amendments) conferred on the state legislatures by the federal Constitution.
Dennis J. Mahoney
(1986)
