Even in the larger communities, however, such as cities, states, and the nation itself, the people have sought to retain more or less direct control over lawmaking.  In the first place, the “fundamental law” of the states and nation found in their constitutions, which determine what the form and powers of government shall be, has been adopted by more direct action of the people than most other laws.  The Preamble to the federal Constitution asserts that “We, the people of the United States...do ordain and establish this Constitution for the United States of America.”  Neither state nor national constitutions can be altered except by special action by the people themselves, either by direct vote at the polls or by conventions of representatives chosen especially for the purpose.

DIRECT LAWMAKING:  INITIATIVE AND REFERENDUM

It has long been the practice in many communities to submit important local questions to popular vote for decision, such as the question of issuing bonds for public improvements, or of licensing saloons.  Within recent years in a number of states the people have gained direct control over lawmaking in regard to any subject whatever, both in local and state affairs, by means of the “initiative and referendum.”  The “initiative” is the right of the voters themselves to “initiate,” or propose, legislation.  This is done by means of a petition signed by a specified number of voters.  The legislature may then act upon the proposed law; but if it does not do so, the law is submitted to the people for their vote at the next election.  On the other hand, if the legislature passes a law that is objectionable to some of the voters a petition signed by a specified number of voters requires the law to be referred to the people for their approval or rejection.  This is the “referendum.”

DEMOCRACY OF THE WEST

Of the 21 states that had adopted the initiative and referendum (to 1917) only four were east of the Mississippi River (Maine, Maryland, Michigan, and Ohio). [Footnote:  “The Initiative and Referendum,” Bulletin No. 6, submitted to the Constitutional Convention of Massachusetts (1917) by the Commission to Compile Information and Data, p. 10.] The movement to increase popular control over government has always been stronger in the West, as we shall see in other connections.

For the most part, however, our laws are made by our representatives, over whom we exercise more or less control.  Some of the more important means by which this control is exercised are described in following chapters; but first of all we exercise control by choosing our representatives at frequent intervals.  Let us inquire to what extent the people have a voice in this choice.

THE SUFFRAGE