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Referendums Disadvantages

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Now that some advantages of initiatives and referendums have been analyzed, it is time to discuss the disadvantages. Some of the main points that will be discussed are minority representation, special interest groups, unconstitutional laws, uninformed voting, and badly drafted law. First, we will discuss the oppression of minority rights if initiatives and referendums at the national level were enacted. In James Boyle’s book The Initiative and Referendum: Its Folly, Fallacies, and Failure, he states: “One of the glorious advantages of the Representative system is that it tends to protect the rights of the otherwise helpless minorities. No system of government is truly democratic which does not do that” (Boyle 1912, 44). In other words, a …show more content…
They spend a large amount of time studying and analyzing new legislation. The typical voter does not care. They will most likely catch the main point on the news then proceed to make a decision based off of their initial opinion. Johnson and Currier provided a great example to prove this point. One piece of legislation that South Dakota was attempting to pass via the proposed system, was to say that a locomotive (train), could not have less than 1500 candle power headlights (Currier and Johnson 1912, 43-44). This issue is very specific. The average voter, especially at this time in history, would know little to nothing about train headlights. In today’s time, this would be similar to writing legislation that all computers must have at least a 2.5 GHz quad core processor. The average American has no idea what this means. However, in Congress, the proper research can be done and advisors brought in if deemed necessary. Due to the massive amount of uneducated voters, the initiative and referendum system could lead to some very serious issues in the foreseeable …show more content…
According to Boyle, “Advocates of the Initiative and Referendum are compelled to recognize the force of the objection that crude measures adopted by the people under the Initiative” (Boyle 1912, 47). In other words, because these bills are drafted by citizens, they have not been properly analyzed and adjusted so that there are no loopholes or legal problems with the bill. Also in 1912, Currier and Johnson stated: “No matter how crude, no matter how inconsistent, no matter how contradictory the provision of an initiative measure may be, the bill, exactly as framed, must be submitted to the entire electorate” (Currier and Johnson 1912, 35). As stated previously, members of Congress regularly draft legislation. Therefore, it makes sense to say that they would be more adept at drafting new legislation. One way to think of this scenario is to imagine a rental contract. If someone were wanting to rent an apartment, they would most likely be expecting some sort of lease agreement in the form of a legally binding contract that both the tenant and land lord signed. This contract would be expected to have been written by a lawyer or at least edited and finalized by one. A bill is no different. In fact, a bill is much worse. The amount of effort that goes into making a law in the current system is very tedious. The bill must go through various committees, Congress,

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