Here in Tennessee we recently voted on the Lottery. I just read in Ohio they’ll be voting for or against slot machines at the race track this November. Why do we sometimes vote on laws, while most of the time they just stay in the state legislature? What exactly determines whether or not politicians vote on a bill or pass it on to the people?
Also, is this democratic approach to lawmaking ever seen at the federal level, or just in cities & states?
It’s a local or state situation and would depend on the constitution of the state or city. I cannot think of an example of where anything like this was done on a national level.
In some states there can be a question about an issue that will have the effect of placing it before the legislature. I believe (and I know someone will be right along to correct me if necessary) that in California there can be issues on the ballot that have the force of law. There may still be some small towns that make actual decisions based on a “town meeting.” In NJ, municipalities must put the local school budget to a general vote. The local school board puts together a proposed budget, and then everyone may vote yes or no on it. If it’s defeated, then the town council or equivalent proposes changes, and it goes on from there with negotiations and possible appeals to the state level.
For more detail you could look up Tennessee’s constitution. Or I’m sure one of your elected representatives would be glad to explain what the rules & procedures are. Or your history teacher if you’re still in school.
Referendums can be initiated through petition drives (i.e., extra-congressional effort) in some states. I believe California is rather notorious for that, and we do it here in Texas, as well.
There is no provision in the U.S. Constitution for a nationwide referendum or initiative process.
There is also no provision in the Constitution for electing Senators.
Well…that’s an amendment…
http://www.senate.gov/artandhistory/history/common/briefing/Direct_Election_Senators.htm
And I realize amendsments are part of the Constitution, but I was referring to the original document.
So your point was . . . ?
At the federal level, we never vote directly on anything. There is no procedure in the federal Constitution for doing so.
At the state level, it varies by state. In general, state constitutions provide for referenda either (a) to amend the state constitution; or (b) when laws are proposed via the initiative process. In Illinois, for example, the legislature can propose constitutional amendments, but they must be ratified by the people. This is true in most (all?) states because it makes sense–constitutional restrictions on the power of the legislature would be meaningless if the legislature could unilaterally change the constitution. This is why the proposal for a state-run lottery, which required an amendment to the Tennessee Constitution, went before the voters.
In addition, some state have an initiative process for ordinary laws. In such cases, voters bypass the legislature by circulating petitions to place a proposal for a law onto the election ballot, and then vote on the law themselves. We don’t have this in Illinois. I don’t know whether you have it in Tennessee, but I suspect not–it seems to be less common in the Southern states.
At the local level, it’s impossible to generalize. Every state constitution and city charter contains different rules. In Chicago, for example, certain zoning changes require approval by the voters of a single ward or precinct. And I know my election ballot always includes a mishmash of library board, school district, and mosquito abatement district bond issues.
Well, not exactly.
Amendment XXI.
Section 1.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed. …
Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Granted, a Convention is not necessarily the same as a direct vote, but the 21st Amendment specifically did not allow for ratification by state legislatures.