Oregon Law Review : Vol. 87 No. 3, p. 979-1024 : Direct Democracy, the Guaranty Clause, and the Politics of the “Political Question” Doctrine: Revisiting Pacific Telephone

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dc.contributor.author Williams, Norman R.
dc.date.accessioned 2009-09-17T16:17:23Z
dc.date.available 2009-09-17T16:17:23Z
dc.date.issued 2008
dc.identifier.issn 0196-2043
dc.identifier.uri http://hdl.handle.net/1794/9755
dc.description 46 p. en_US
dc.description.abstract In light of the widespread use of direct democracy in Oregon and elsewhere, this anniversary provides a good occasion to examine how direct democracy at the state and local levels became an accepted part of the American constitutional order. In this Article, I argue that the constitutionality of direct democracy has never received the thorough judicial consideration that the issue deserves. The Oregon Supreme Court, which validated the initiative and referendum, did so in a case that, significantly, did not involve an initiated or referred measure; it was decided on other, nonconstitutional grounds that obviated the need for the U.S Supreme Court to opine on the constitutionality of direct democracy. By the time that the validity of direct democracy reached the U.S. Supreme Court several years later, the heated political controversy surrounding the adoption of direct democracy in several western states induced the Court in Pacific Telephone to avoid reaching the merits of the question. The net result was to close the federal courts to constitutional challenges to direct democracy under the Guaranty Clause, a doctrine that has—erroneously in my view— remained in place ever since. en_US
dc.language.iso en_US en_US
dc.publisher University of Oregon School of Law en_US
dc.subject Direct democracy -- Oregon
dc.title Oregon Law Review : Vol. 87 No. 3, p. 979-1024 : Direct Democracy, the Guaranty Clause, and the Politics of the “Political Question” Doctrine: Revisiting Pacific Telephone en_US
dc.title.alternative Direct Democracy, the Guaranty Clause, and the Politics of the “Political Question” Doctrine: Revisiting Pacific Telephone en_US
dc.type Article en_US


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