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The last decade has seen a resurgence in interest in three direct democracy devices—the initiative, the popular referendum and the recall. These processes reflect the Progressive Era reformers' aim of enlarging the role of citizens and voters as well as restricting or checking the power of intermediary institutions such as state and local legislatures, political parties, and elected executives. The focus of this article is to examine the increased use of the initiative and popular referendum at the state level as well as how the process actually works. The related processes of the recall and teledemocracy are addressed in other articles in this symposium.Statewide Provisions for Initiative, Popular Referendum and RecallThe initiative process permits petitioners to write and, if a sufficient number of valid signatures are gathered, place those proposals on the ballot. The initiative can be placed directly on the ballot (the direct initiative); or before the legislature. If the legislature does not enact the measure or otherwise satisfy the sponsors of the initiative, the sponsors can gather additional signatures and place their proposal on the ballot (the indirect initiative). Five times as many states have the direct initiative as the indirect and, in states that permit both, proponents typically prefer to go directly to the ballot.

The Framers of the United States Constitution did not embrace direct, populist democracy. They rejected the Swiss model of direct legislation' and chose a system of representative-republican, not democratic-government that would, as James Madison wrote, "enlarge the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial [partisan] considerations." Representative democracy presumes that an informed electorate will choose wise legislators. Direct democracy, by extension, demands that citizens themselves demonstrate wisdom enough to "discern the true interest of their country as opposed to their self-interest, and that they love justice enough to eschew mere partisanism. One form of direct democracy is direct legislation-legislation by initiative and referendum. Today, direct legislation is increasingly popular-and increasingly destructive as serious proposals have been made to adopt and implement it at the federal level. This Article addresses the problems of direct legislation, focusing on two general themes. First, it briefly traces the history of the initiative and referendum in the United States, addressing problems with the process, particularly with the local-government exercise of the process, and proposing reforms that might improve the quality of citizen-made legislation. Second, the Article examines some fundamental causes for and difficulties with the use of direct legislation. The experience of Whatcom County, Washington, is considered throughout as an illustrative case study of the enthusiasm for and the failure of direct democracy. The experience of other jurisdictions is also considered and compared to this local experience.

Abstract. Legislation has traditionally been studied from different but usually limited perspectives. To analyse the process of law‐making as an extended process including the causes as well as the consequences of legislation, the initiation as well as the implemention of legislative decisions, may contribute to a better understanding of the effects and limits of contemporary politics, to the meaning of different policy styles, and to the role of interest groups both before and after formal decision making has taken place. It may also sharpen our awareness of the basic assumptions from which participants in the political process proceed and direct our attention to changes in the prevailing patterns in political decision making and their possible consequences.