constitutional conventions without any higher sanction.[1] The federal constitution was ratified by representatives of the people and not by popular vote. To-day, however, the ratification of amendments to the constitution by the legislatures of the several states is an anachronism. As applied to legislative acts, the referendum can have only a negative effect. As already noted, it frequently makes for things as they are rather than for needless change. A serious objection is that it may embarrass the conduct of public affairs by withholding necessary appropriations. The voters are sometimes penurious in voting the public money. On two occasions, appropriations for the state university in Oregon have been held up until approved by a referendum, the teaching staff in the meantime performing its duties without pay. Such experiences tend to repel efficient teachers. The educational advantage to the voters hardly compensates for the interference with efficiency. Such occurrences are, however, not a necessary feature of the referendum. In Ohio, "laws providing for tax levies, appropriations for the current expenses of the state government and state institutions," are not subject to the referendum. The legislature is also empowered to exempt "emergency laws necessary for the immediate preservation of the public peace, health or safety" from a referendum by a two-thirds vote. Similar provisions exist in many other states.
The small vote polled on constitutional and legislative referenda as compared with the vote for candidates often excites remark. Probably it indicates that many voters are more interested in men than measures. It also points to the fact that our political canvasses are largely contests between individuals seeking the emoluments of public office. Electioneering is so conducted as to arouse partisan zeal. The appetite of hungry spoilsmen aided by automobiles gets out a vote that is not particularly well informed. Moreover, referenda seldom get much newspaper notice. Except in Oregon, the voter is usually left entirely to his own devices to inform himself. Finally, referenda are overlooked by many voters because they occupy an inconspicuous place on the ballot. The vote cast upon such questions in Illinois has been greatly increased by placing them upon a separate ballot. A similar plan in Idaho has almost doubled the percentage of the total vote cast on constitutional amendments.[2]
In the opinion of some writers, the initiative is nothing less than revolutionary. "Of all the proposals that have been brought forward in the name of direct democracy, the initiative is the most preposterous
