Abstract:
This Article presents a case study of the initiative process by
examining the campaigns waged for and against the School Bill. It is
not intended to provide a thorough study of deception and
discrimination in the initiative process. Instead, this Article offers
case-specific insight into how voters can be manipulated by
misinformation and prejudice. Part I examines the tension between
representative democracy and the initiative process, particularly how
the initiative undermines the deliberative process. Part II explores the
history of the Oregon initiative prior to the School Bill. Part III
describes how the Oregon initiative campaign for compulsory public
education used misinformation to confuse voters and encourage
bigotry. Part IV analyzes how voter ignorance, fear, and prejudice
toward minority groups may taint the initiative process. Part V
explores legal solutions and recommends that the courts reject the
presumption of constitutionality attached to facially neutral legislation
or legislation targeting nonsuspect classes and closely scrutinize
direct legislation that harms historically disadvantaged groups.