In the modern context, it is almost impossible to achieve a perfect direct democracy. Unlike in the age of the Athenians, the general population of the United States is not limited to a concentrated geographic region, and the economic system is not a simplistic as it was then. Because of these factors, the representative model is the only viable form of democracy possible for a modern global power such as the US. Furthermore, instances of direct democracy present in the current US political system, the primary example being referendums and initiatives, have proven to be failed experiments of the directly democratic legislative process.
Referendums and initiatives have become increasingly utilized in the past decade to shape policy across the US. Referendums and initiatives differ slightly, with a referendum being a vote from the general public on recently passed legislation, and an initiative being where a new bill is put on the ballot for the general public to vote. Referendums function to use the popular vote to either confirm or veto the ruling of the state legislator whereas an initiative bypasses the legislator completely.
Proponents assert that initiatives and referendums cede power of the political elites back to the people. This ensures the state constitution and any legislation passed is reflective of the constituents’ opinions, regardless of the balance between parties in the legislator or any external influence from lobbyists on the district representatives. Originally developed in the Progressive Era, the goal was to prevent the states from being “in the pockets of wealthy interests” (NCSL).
Referendums and initiative are often criticized as undermining the intentions of the representative political system. It promotes the rule of uneducated constituents on nuanced legislation they have neither the time nor willingness to understand the implications of. Getting signatures for referendums or initiatives to appear on the ballot is most often be a money game, as campaigns to promote the issue at hand are central to a successful initiative. The power is not, as it turns out, going to the people—the power is going to private corporations.
Large corporations with a vested interest in a given piece of legislation can easily fund a campaign to have legislation overturned in states where this is permitted. In 2016 alone, corporations across the US poured over a billion dollars of funding into ballot initiatives advantageous to their industry. Food regulations were repealed, gas taxes slashed, and wildlife habitats violated as a result of this. With “policy stakes in the billions” for these companies, initiatives are used to bypass the entire legislative process (NCSL).
It is important to note, however, that referendums and initiatives are not part of the federal legislative process. If this were to be applied in the national context, the results could be disastrous. We’ve already seen the impact of Congressional lobbyists in skewing the public opinion on federal legislation. If the direct democracy seen in the referendum and initiative process were extended to the federal level, the careful dynamic of checks and balances would be disrupted and the formerly separated powers concentrated in the hands of the collective hands of citizens and corporations.
It’s easy to idealize the direct democracy from the golden age of Greece, but seen even in the constrained, state level context of initiatives and referendums, direct democracy has proven detrimental to the representation of US citizens. Despite idealistic theories of direct democracy as egalitarian representation, the referendum and initiative experiment has shown that this would only amplify the current corruption of the politics by corporations. Direct democracy would not be a rule of the people as one would hope, but rather a rule by corporation, where public good is secondary to profit margins.
— Julia Lotterer
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Sources: http://www.ncsl.org/research/elections-and-campaigns/chart-of-the-initiative-states.aspxh