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Judges Threaten I&R

Virginia doesn’t afford its citizens the right to hold initiatives, and referenda are held at the behest of our elected representatives. Twenty-four states do allow it. However, John Fund writes in today’s OpinionJournal from the Wall Street Journal that judges are threatening direct democracy.

“Establishment forces have long resented that initiatives allow voters to do an end run around them and are always looking for ways to limit them. Florida's Legislature put a measure on next month's ballot that would require a 60% supermajority for passing all future constitutional amendments. Such a barrier would discourage many groups from even trying to qualify measures. In Massachusetts, more than 170,000 voters signed petitions for a ballot measure against same-sex marriage. But the Legislature, which is required to vote on initiatives before they reach the ballot, is trying to avoid holding a vote.”

And:

“But the biggest threat to initiatives comes from the courts, which are striking measures from the ballot with abandon. The Florida Supreme Court, infamous for its creative rulings in the 2000 recount, has removed a proposed measure creating a nonpartisan commission to redraw the state's gerrymandered legislative districts on the grounds it deals with more than one subject.”

For more information about initiative and referendum, visit the I&R Institute.

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