Does The Initiative Process Run Contrary To A Republican Form Of Government?
A recurring them in discussions of the initiative and referendum (“I&R”) process has been whether, and to what extent, I&R violates that portion of Article IV, section 4 of the U.S. Constitution providing that the United States shall guarantee every state a “republican form of government — the Guarantee Clause.” In short, it doesnt. In 1912, the U.S. Supreme Court refused to invalidate Oregon’s I&R system on the grounds that whether a state had a republican form of government was a political question for Congress, and therefore non-justiciable. The Court made clear that it was the sole responsibility of Congress to decide what constitutes a republican form of government. Congresss actions over the years have shown that they do not believe that the initiative process is inconsistent with republican government as evidenced by the fact that they allowed Oklahoma and Alaska into the Union with the initiative process as part of their constitutions. This seems to settle the issue at the fed
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- Does The Initiative Process Run Contrary To A Republican Form Of Government?
