Problems in American Democracy Part 70

475. OBJECTIONS URGED AGAINST THE RECALL.--In answer to the above arguments, the opponents of the Recall claim that the device encourages officials to curry popular favor, regardless of public duty. It may also place officials at the mercy of popular pa.s.sion and caprice. When it is applied to judges, the Recall threatens the integrity and independence of a branch of government which ought to be removed from popular clamor and prejudice. This last is a serious objection, for it may happen that judges subject to the Recall will hesitate to hand down decisions that may prove unpopular, however just those decisions may be. For this reason the extension of the Recall to judges is being strongly resisted. Even the most ardent advocates of the device are beginning to admit that the Recall is more applicable to administrative officials than to judges.

476. STATUS OF THE RECALL.--A satisfactory decision upon the merits of the Recall is difficult because it is so recent a development and still so little used that few data are available. The state-wide Recall has been in existence for a number of years, yet few state officials have been removed by it. Los Angeles used the Recall to unseat the mayor in 1904 and in 1909, and in 1911 the device was used against the mayor of Seattle. But the Recall is primarily a threat, and is rarely used. In view of this fact, the arguments for and against the device rest upon theory rather than upon actual experience. The Recall has great possibilities for good if wisely administered, but it may become an evil influence if carelessly or revengefully used.

477. SIGNIFICANCE OF POPULAR CONTROL.--The development of the Initiative, the Referendum, and the Recall indicates a growing impatience with the abuses of party power, the evils of the long ballot, and the corruption and inefficiency of many legislative bodies. It is significant that direct popular control has accompanied the widespread movement to reform munic.i.p.al government, and that it is playing an increasingly important part in the movement to reform state administration.

Up to the present time, the Initiative, the Referendum, and the Recall have been confined chiefly to the West, where political problems are less acute than in the East, and where, too, the tendency toward direct partic.i.p.ation in government has always been marked.

Nevertheless, there is some indication that the future will see an extension of direct popular control, not only in the West, but also in other parts of the country. Whether or not this extension is desirable we cannot now say. But certainly it is an interesting and important development, and one demanding careful study and mature deliberation on the part of those who seek to make American government highly effective.

QUESTIONS ON THE TEXT

1. What is the basis of popular control?

2. Name several methods of indirect control, and point out the objections to each.

3. What is the Initiative?

4. Distinguish between the Direct and the Indirect Initiative.

5. What is the Referendum?

6. What is the extent of the Referendum in this country?

7. What is Direct Legislation?

8. Summarize the arguments in favor of Direct Legislation.

9. What objections are urged against Direct Legislation?

10. What is the Recall?

11. To what extent has the Recall been adopted in this country?

12. What arguments are used to justify the use of the Recall?

13. What are the chief objections to the Recall?

14. What is the present status of the Recall?

15. What is the significance of direct popular control?

REQUIRED READINGS

1. Williamson, _Readings in American Democracy_, chapter x.x.xvii.

Or all of the following:

2. Beard, _American Government and Politics_, chapter xxiii.

3. Ma.s.sachusetts Const.i.tutional Convention Bulletins (1917), No. 6.

4. Munro, _The Government of the United States_, chapter xxv.

5. Lowell, _Public Opinion and Popular Government_, chapters xiii, xiv, and xv.

QUESTIONS ON THE REQUIRED READINGS

1. Summarize the principles underlying the Initiative and Referendum.

(Beard, pages 469-471.)

2. Name some states in which the Initiative and the Referendum have been established. (Beard, page 463.)

3. Describe the workings of the Initiative. (Munro, page 506.)

4. Describe the workings of the Referendum. (Munro, pages 507-508.)

5. To what extent has there been an attempt to apply the Initiative and Referendum to national legislation? (Beard, pages 465-466.)

6. In what ways does Direct Legislation establish a system of minority rule? (Munro, page 515.)

7. To what extent does Direct Legislation delay law-making? (Lowell, pages 226-228.)

8. What is the nature of the laws enacted by the Initiative? (Lowell, pages 205-206.)

9. What has been the att.i.tude of the courts toward the Initiative and Referendum? (Ma.s.sachusetts Bulletin, pages 41-43.)

10. Enumerate the forms of the Recall. (Beard, pages 472-473.)

11. What part did the Recall play in early American history? (Munro, page 516.)

12. Describe the Recall election. (Munro, page 520.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. The proportion of the public officials of your munic.i.p.ality who may be removed by an appointing authority.

2. Impeachment in your state. (Consult the state const.i.tution.)

3. Extent to which the const.i.tution of your state has been amended.

4. The Initiative in your state.

5. The Referendum in your state.